S.P. KALAS, S/O. PANDURANG RAMA KOLAS Vs. KARNATAKA LAND ARMY CORPORATION LTD., CHINNASWAMY STADIUM, RAJBHAVAN ROAD, BANGALORE - 550 001, BY ITS MANAGING DIRECTOR

JUDGEMENT

(1.) THE petitioner was appointed as an Assistant Task Force Commander (ATFC) as per an Official Memorandum of the respondent Corporation dated 12.08.1983. His service came to be terminated on 22.09.1984. An industrial dispute was raised under Section 10(4 -A) of Industrial Disputes Act (for short 'the Act'). The dispute was allowed and the order of termination from service w.e.f. 22.09.1984 was set -aside and the respondent was directed to reinstate the petitioner into service with full backwages, continuity of service and other consequential benefits, as per award dated 19.01.1995. The award was questioned by the Corporation in W.P.31634/1995, which was dismissed on 11.12.1995. W.A.599/1996 having been filed keeping in view the lapses attributable to the workman, observing that the relief could have been moulded in terms of Section 11 -A of the Act, it was held that, consequent upon reinstatement of the petitioner, he would be entitled to only 50% of the backwages w.e.f 15.04.1988 i.e., from the date of reference till the date of reinstatement with continuity of service.

(2.) THE award as modified in the judgment dated 06.08.1996 passed in W.A.599/1996, was implemented by the respondent by issuing an Official Memorandum dated 05.10.1996. The petitioner was reinstated into service in the post of ATFC with 50% of backwages from 15.04.1988. The petitioner was made eligible for benefit of continuity of service. Based on the said order, an Official Memorandum dated 31.01.1997/05.02.1.997 was passed by the respondent, reckoning the service of the petitioner in the Corporation as ATFC w.e.f. 30.08.1983 by fixing the pay at Rs. 750/ - in pay scale of Rs. 750 - 1500/ -. There was notional pay fixation for the period 30.08.1983 to 01.08.1987 with actual benefits for the period thereafter upto 09.10.1996, restricting the arrears of 50% of backwages. Feeling aggrieved by the said orders dated 05.10.1996 and 05.02.1997 (Annexures C and D), the petitioner filed W.P.31574/1997. It was found that the respondent having taken conscious decision regarding fixation of salary of the petitioner, it should not deprive the petitioner of the benefits without notice and affording an opportunity of hearing. The impugned action was found to be illegal. As a result, the writ petition was allowed. The order by which the salary of the petitioner was shown to have been reduced was quashed and the petitioner was held entitled to grant of salary in terms of his pay fixation, by making it clear that, the order would not come in the way of respondent Corporation in passing fresh orders regarding re -fixation of salary of the petitioner in accordance with the provisions of the law and after compliance of principles of natural justice.

(3.) THE respondent has filed statement of objections, in justification of the decision as at Annexure -J and the ranking assigned to the petitioner in the cadre of ATFC as on 01.04.2008, as at Annexure -L. They have also raised the plea of delay arm laches in filing this writ petition. They nave also contended that, the petitioner having successfully completed the probationary period on 03.10.2002 vide order dated 18.06.2003, is entitled to the benefit as permanent employee of the respondent Corporation w.e.f 10.10.1996 and not w.e.f 12.08.1983 and hence his ranking shown in the seniority list as at Annexure -L is justified.