CHIEF TRAFFIC MANAGER BMTC Vs. N. SUVARNA

JUDGEMENT

(1.) Petitioner-Corporation aggrieved by the order dt. 5/4/2013 in Application No. 11/12 of the Presiding Officer, III Addl. Labour Court, Bangalore, directing payment of Rs.4,20,167/-, as wages, for the period from 24/7/2008 to 26/11/2011, to the respondentworkman, has presented this petition.

(2.) Respondent when terminated from service on 30/8/2000, initiated conciliation proceeding under the Industrial Disputes Act, 1947, for short the 'Act', whence the State Government referred the dispute to the III Addl. Labour Court, Bangalore, registered as Ref. No. 53/04, New No. 13/06. On adjudicating the Reference, the Labour Court directed reinstatement of the respondent with continuity of service, however without consequential benefits and backwages. That award was challenged by the petitioner-Corporation in W.P.5021/2009 insofar as it relates to reinstatement with continuity of service, while the respondentworkman preferred W.P.13639/08, insofar as denial of continuity of service and backwages. The learned Single Judge having clubbed the petitions, by common order dt. 28/9/2011 Annex.A, issued the following direction:

(3.) Therefore the award of the Labour Court insofar as it relates to reinstatement and denial of backwages was confirmed, while the award insofar as denial of continuity of service and consequential benefits, was modified to entitle the respondent to those benefits only for the purpose of retrial benefits. In other words, respondent-workman was entitled to be reinstated without backwages, but continuity of service and consequential benefits, only for the purpose of retirement benefits.