BANGALORE METROPOLITAN TRANSPORT CORPORATION CENTRAL OFFICES, SIDDAIAH ROAD, BANGALORE - 560027 REPRESENTED BY ITS CHIEF LAW OFFICER Vs. SMT. GANGAMMA W/O LATE M. MALLIKARJUNAPPA

JUDGEMENT

(1.) CORPORATION is seeking for quashing of the order passed by III Additional Labour Court, Bangalore in application No. 5/2009 dated 30.07.2011, Annexure -A.

(2.) ONE Sri. M. Mallikarjunappa was working as a conductor and was dismissed from service on 10.02.1983 which was questioned by the workman before the Additional Labour Court, Bangalore in Reference No. 99/1984 and Labour Court by its order and award dated 12.03.1991 set aside the order of dismissal and directed the management to reinstate the workman with continuity of service and back wages from the date of dismissal till date of reinstatement. Aggrieved by the said award, corporation preferred a writ petition before this court in W.P. 18359/91 and this court allowed the writ petition in part vide order dated 16.09.1991 and modified the award by holding that the workman is entitled to 75% of back wages. Corporation filed further appeal before this court in W.A.2940/91 which also came to be dismissed on 04.12.1991 thereby confirming the order passed by the learned Single Judge.

(3.) ON account of non payment of back wages as ordered on 16.09.91 by this court in W.P. 18359/91 workman filed an application under section 33 -C(2) of Industrial Disputes Act, 1947 seeking for a direction to the respondent therein to pay a sum of Rs. 1,34,189/ - with interest from the date of dismissal till date of payment. On registering the application, Labour Court issued notice to the respondent/corporation and respondent/corporation filed its statement of objections denying the claim made by the workman. The applicant/workman during the pendency of the proceedings before Labour Court, workman expired and his wife and children came on record as his legal heirs. Wife of the deceased workman got herself examined as AW -1 and got marked Exhibits A -1 to A -6. On behalf of the respondent/corporation one witness examined as RW -1 and no documents were marked. After consideration of pleadings, evidence and records, Labour Court by its award dated 30.07.2011 allowed the application and directed the respondent/corporation to make payment of Rs. 1,34,189/ - to the applicants 1 and 2 who are legal heirs of deceased workman within a period of three months from the date of order failing which, it was held that it would carry interest @ 6% p.a. It is this order/award which is questioned in the present writ petition.