MANGALORE CO-OPERATIVE BUILDING SOCIETY LTD. 1ST FLOOR, CLASSIC ARCADE, K.S.R. ROAD, MANGALORE-575001 REP. BY ITS SECRETARY SRI. PADMANABHA K. Vs. THE STATE OF KARNATAKA REP. BY ITS SECY., DEPT. OF CO-OPERATION M.S. BUILDING, BANGALORE -1, SRI.

JUDGEMENT

(1.) PETITIONER , a Co -operative Society registered under the Karnataka Co -operative Societies Act, 1959, for short The KCS Act', aggrieved by order dt. 5/3/2011 in Application No. 2/2009 of the Labour Court, D.K., Mangalore, determining Rs. 1,95,442/ - in a proceeding under Sec.33 -C(2) of the Industrial Disputes Act, 1947, for short. ID Act', and directing payment of the same with interest at 12% p.a. to the respondents, being the legal representatives of deceased Smt. Shakunthala Rai, has presented this petition.

(2.) INDISPUTABLY the deceased Shakunthala Rai, while working as a clerk on daily wages in the petitioner -Society, when allegedly terminated on 22/1/1986 initiated conciliation proceeding ending in a failure report. The State government by order dt. 5/6/1987 referred the industrial dispute for adjudication to the Labour Court, Mangalore, whence it was registered as ID (LCM) No. 139/87. Parties having entered appearance, filed their statement, let in evidence, culminating in an award dt. 9/5/1995 directing reinstatement with full backwages and other attendant benefits, including maternity benefit. Petitioner questioned the award in W.P.39355/95, whence a learned Single Judge by order dt. 5/2/1999 dismissed the petition, following which petitioner preferred W.A.No.2654/99. During the pendency of the appeal, petitioner by letter dt. 5/7/1999 - Annex. E called upon Shakunthala Rai to report to duty, on reinstatement on contract basis for 29 days at Rs. 50/ - per working day. That Shakunthala Rai is said to have reported to duty only on the forenoon of 8/8/2002 by letter Annex. F. The Division Bench by order dt. 28/8/2002 - Annex. D having noticed that the workman was reinstated on 8/8/2002 and recording the agreement of petitioner to pay 50% backwages from the date of termination i.e., 22/8/1986 up to the date of actual reinstatement i.e., 8/8/2002, accordingly affirmed the award of the Labour Court.

(3.) THE 1st contention of the learned Counsel for the petitioner that the Labour Court did not have jurisdiction to entertain the application, is without merit. In Dharappa Vs. Bijapur Co -operative Milk Producers Societies Union Ltd., AIR 2007 SC 1848 , the Apex court held that the jurisdiction to decide any dispute of the nature mentioned in Sec. 70(2)(d) of the KCS Act was concurrently with the Labour Courts/Industrial Tribunals between 20/1/1976 to 20/6/2000. In that view of the matter, the award dt. 9/5/1995 of the Labour Court in ID (LCM) No. 139/87 was well within the aforesaid period and therefore the Labour Court had the jurisdiction. It is needless to state that the execution of the award, in the ordinary course, in law, ought to be either on an application under Sec.33 -C(1) or 33 -C(2) of the ID Act and therefore the application filed by the legal representatives of Shakunthala Rai, under Sec.33 -C(2), was maintainable.