DIVISIONAL CONTROLLER, NWKRTC Vs. ASHOK VENKANAGOUDA BHAVIKATTI

JUDGEMENT

(1.) The petitioner - Corporation is before this Court challenging the order Annexure - F dtd. 11/8/2010 passed by the Labour Court, Vijayapura in Application No.14/2009.

(2.) Heard the learned counsel for the parties.

(3.) The respondent - workman late Sri.Ashok Bhavikatti was working as a Conductor in the petitioner - Corporation. On the allegation of unathorized absence, a domestic enquiry was held against him and by order dtd. 21/2/2003, the petitioner - Management had dismissed him from service based on the enquiry report. Assailing the same, the workman had approached the Labour Court, Vijayapura under Sec. 10(4) A of the Industrial Disputes Act, 1947 (for short "Act of 1947"). The Labour Court vide award dtd. 31/5/2007 passed in proceedings bearing K.I.D. No.20/2003 had partly allowed the claim petition of the workman and having set aside the order of dismissal, had directed his re-instatement without backwages. Being aggrieved by the same, the petitioner - Corporation had approached this Court in W.P. No.7281/2008 and this Court by order dtd. 29/1/2010 had stayed the operation and execution of the award dtd. 31/5/2007 passed in proceedings bearing K.I.D. No.20/2003 by the Labour Court, Vijayapura. In the meanwhile, the workman had approached the Labour Court by filing an application under Sec. 33(C)(2) of the Act of 1947. The said application was allowed by the Labour Court vide the order impugned dtd. 11/8/2010 holding that the workman was entitled for a sum of Rs.4,65,632.00 towards arrears of salary with interest at 12% per annum. Being aggrieved by the same, the petitioner - Corporation is before this Court.