Karnataka High Court
S.Gopal vs Management Kirloskar Systems Ltd on 18 April, 2023
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
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WP No. 37543 of 2013
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 18TH DAY OF APRIL, 2023
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
WRIT PETITION NO. 37543 OF 2013 (L-TER)
BETWEEN:
1. S.GOPAL
S/O CHANDRAHASAPPA
AGED ABOUT 61 YEARS
VARMANA AGRA, VARMANA AGRA
VARMAVU POST
BANGALORE-560 043.
SINCE DEAD BY HIS LEGAL HEIRS
1(A) SMT. JAYAMMA
W/O LATE S. GOPAL
AGED ABOUT 63 YEARS.
1(B) SRI G SATISH KUMAR,
S/O LATE S GOPAL
AGED ABOUT 38 YEARS.
1(C) SRI G DEVARAJ
Digitally signed by B S/O LATE S GOPAL
K
MAHENDRAKUMAR AGED ABOUT 37 YEARS.
Location: HIGH
COURT OF
KARNATAKA
1(D)SMT. SUGUNA G
D/O LATE S GOPAL
AGED ABOUT 33 YEARS.
ALL RESIDING AT
19, NADU BEEDI, NEAR SHIVA TEMPLE
HORAMAVU AGARA
BANGALORE EAST, BANGALORE-560 043.
1(E) SMT. SUJATHA G
W/O SRI ANJAN MURTHY B G
AGED ABOUT 43 YEARS
11ANJAN KRUPA, 5TH CROSS NAGAPPA STREET
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WP No. 37543 of 2013
PALACE GUTTAHALLI, BANGALORE NORTH
MALLESWARAM, BANGALORE NORTH
BANGALORE-560 003.
1(F) SMT. CHAITRA S GOWDA
W/O SONNE GOWDA
AGED ABOUT 42 YEARS
S N VILLAGE, BAIYAPPANNAHALLI
BANGALOREF NORTH, BAGALUR,
BANGALORE-562 149.
(AMENDED BY COURT HALL
DATED 6.12.2019)
...PETITIONERS
(BY SRI. K G DHRUV UTHAPPA, ADVOCATE FOR
SMT. K SAROJINI MUTHANNA, ADVOCATE FOR
LRS OF DECEASED)
AND:
MANAGEMENT
KIRLOSKAR SYSTEMS LTD
NO.8, 7TH FLOOR, EMBASSY
STAR BUILDING, OPPOSITE
MOUNT CARAMEL COLLEGE
BANGALORE-560 052
...RESPONDENT
(BY SRI. B G SURYAKUMAR.,ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE
IMPUGNED ORDER DATED 8.7.2013 VIDE ANN-G AND DIRECT THE
MANAGEMENT TO PAY ALL THE DUES AS CLAIMED BY THE
PETITIOENR AS PER THE CALCULATION AT ExA-4 ANNEXURE-D AND
ETC.
THIS PETITION, COMING ON FOR FINAL DICTATION, THIS
DAY, THE COURT MADE THE FOLLOWING:
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WP No. 37543 of 2013
ORDER
Petitioner - workman while working as Machine Operator in the respondent - Factory was dismissed from service on the ground of misconduct. Petitioner - Workman had raised a dispute under Section 10(1)(c) of the Industrial Disputes Act, 1947 (for short 'the Act'). The domestic enquiry conducted against the workman was held to be not fair and proper.
2. The Labour Court concerned after examining the evidence on record set aside the order of termination and directed the respondent - Management to reinstate the petitioner - Workman into service with 50% backwages and with continuity of service. The award passed by the Labour Court insofar as it relates to denial of 50% backwages was challenged by the workman before this Court in W.P.No.29324/1999.
3. This Court vide order dated 24.05.2005 dismissed the writ petition while affirming the award passed by the Labour Court. Thereafter, the petitioner filed an application under Section 33(c)(2) of the Act to direct the respondent to pay monetary benefits in light of the award passed by the Labour Court. The Labour Court by order dated 08.07.2013 directed the respondent to pay a sum of Rs.53,460/- towards arrears of wages. Taking exemption to the same, this writ petition is filed.
-4- WP No. 37543 of 20134. Learned counsel for the petitioner - Workman submits that the Labour Court has only taken the last drawn basic wages for the purpose of determining arrears of wages. He further submits that as specified under Section 2(rr) of the Act, the workman is entitled for arrears of wages including such allowance as the workman is for the time being entitled to.
5. Considered the submission made by the learned counsel for the parties.
6. The Labour Court has determined the arrears of wages payable by taking the last drawn basic wages and not the dearness allowance and annual increments for the purpose of determining arrears of wages.
7. The Hon'ble Supreme Court in the case of GT Lad and Other -vs- Chemicals and Fibers India Limited 1979 LAB IC 290 at para 8 has held as follows:
"8. A point which requires to be clarified and has been brought to the notice of the Court after the judgment was delivered relates to back wages from 19-9-72 to the date of reinstatement. The rule in such cases is that where reinstatement has been directed by the Court, the entire back wages must follow as a matter of course. Of course there is a discretion in the court having regard to special circumstances if any to modify the period stretches over six years and Shri Sachin Chaudhary brings to our notice that the fact that -5- WP No. 37543 of 2013 back wages have to be computed, if ordered in full, on a much higher scale because of two settlements which have raised the scales of wages specifically put forward that the workmen concerned have been employed elsewhere during this period still we take a total view of the whole case and direct that for the entire period from 1972 to the date of reinstatement, 75 percent of the wages will be paid to all the workmen concerned on the scales and revised scales as the case may be."
8. In view of the above, the Labour Court should have determined the arrears of wages payable by considering last drawn wages including dearness allowance and other consequential benefits.
9. Accordingly, the writ petition is allowed.
10. impugned award dated 8.7.2013 passed by the II Additional Labour Court Bengaluru in application No.26/2009 is hereby quashed and the matter is remanded to the Labour Court concerned for adjudicating the application filed by the petitioner under Section 33 (c) (2) of the Industrial Disputes Act, 1947 afresh and pass an appropriate order in accordance with law after notifying the parties.
Sd/-
JUDGE HR