LAWS(KAR)-2020-1-83

DIVISIONAL CONTROLLER Vs. PRAKASH S/O SHIVAYOGAPPA CHITTARAGI

Decided On January 21, 2020
DIVISIONAL CONTROLLER Appellant
V/S
Prakash S/O Shivayogappa Chittaragi Respondents

JUDGEMENT

(1.) The petitioner/NWKRTC(Corporation) is before this Court under Articles 226 and 227 of the Constitution of India assailing the order dated 24.03.2018 passed by the Principal District and Sessions Judge, Bagalakote in Application No.33(C)(2)/2/2017 by which the petitioner/Corporation is directed to pay a sum of Rs.2,85,912/- to the respondent/employee with interest at 9% per annum from the date of application till realization.

(2.) Brief facts of the case are that the respondent herein was an employee of the petitioner/Corporation working as a Conductor. The

(3.) respondent was dismissed from service w.e.f. 8.6.2002 which order came to be challenged by the respondent/employee in KID No.48/2002 before the Labour Court, Vijayapura. The said order of dismissal was set-aside by award dated 25.09.2007. While setting aside the order of dismissal, the labour Court granted 50% backwages, continuity of service and all other consequential benefits. The said order of the Labor Court dated 25.09.2007 was challenged before this Court in WP No.30559/2008 which came to be dismissed by order dated 20.7.2011. Aggrieved by the same, the petitioner/Corporation preferred Writ Appeal No.30892/2012 before the Division Bench of this Court which also came to be dismissed vide judgment dated 9.4.2013. Thereafter, the respondent/employee filed an application No.49/2014 claiming 50% backwages which was allowed by the labour Court. The present application was filed by the respondent/employee claiming salary/wages from the date of award i.e. 25.09.2007 till his reinstatement i.e. 1.1.2015. The labour Court after enquiry found that the respondent/employee is entitled for salary/wages for the period from 25.09.2007 till 1.1.2015. The said order dated 24.03.2018 is impugned in this writ petition.