Once it is held by the High Court that the employee has no right to continue in the employment, the employee cannot raise same dispute again. - The Industrial Disputes Act, 1947
Findings recorded in a writ proceeding, on merits of the case, would operate as res judicata and employee cannot raise an industrial dispute on the same cause of action, seeking almost same reliefs. Once the Writ Court has recorded that employee has no right to continue in employment of the employer, any contrary observation by the Labour Court is not sustainable.
-Director (Finance) Bangalore Electricity Co. Ltd., Bangalore & Ors. vs. Shivakumara vs. s/o Late Venkatashamappa. 2019 (Kar. H.C.)
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