ASHOK Vs. MANAGEMENT OF NWKRTC

JUDGEMENT

(1.) In this writ petition under Articles 226 and 227 of the Constitution of India, the petitioner has called in question the award dated 23.8.2011 passed by the Addl. Labour Court, Hubli, in KID No. 39/2011 insofar as it relates to denial of full back wages and other consequential benefits.

(2.) The respondent has filed objections to the memo stating that the petitioner had approached the Permanent Lok Adalath by' filing PLA No. 56/2012 for settlement. The Corporation has appeared before the Lok Adalath. The matter is still pending. But, the petitioner has approached this Court and has filed a memo making allegations against the respondent Corporation. The petitioner has stated on oath that he is ready to forego wages. The Corporation will never force a workman to give up wages. The allegations are false. Therefore, the memo may be dismissed. The learned Counsel for the petitioner contended that the petitioner has challenged the award insofar as it relates to denial of full back wages and other consequential benefits. The petitioner has been advised to give up back wages for speedy implementation of the award. The petitioner is ready to give up back wages from the date of dismissal till the date of award.

(3.) The learned Counsel for the respondent submitted that after the award was passed by the Labour Court, the petitioner himself has approached the Lok Adalat and filed PLA No. 56/2012 for settlement. The petitioner has agreed to forego back wages of 50% awarded by the Labour Court. Therefore, the petitioner is not entitled to any back wages. The memo may be dismissed. She also submitted that the Divisional Controller, Chikkodi Division, Chikkodi is directed to reinstate the petitioner into service subject to the result of this writ petition.