SHANTAVEERAYYA Vs. PRINCIPAL SECRETARY

JUDGEMENT

(1.) Challenge in this writ petition is to the order dated 13.06.2012 passed by the 2nd respondent-Commissioner, Department of Labour (for short, 'the Commissioner'). By the impugned order, the Commissioner has returned the conciliation failure report to the Conciliation Officer/Deputy Labour Officer stating that the Labour Officer had to reconsider the matter and submit appropriate report afresh.

(2.) Petitioner has been working as a conductor under the 3rd respondent-North East Karnataka Road Transport Corporation. He was dismissed from service by order dated 29.07.1992. Petitioner raised an industrial dispute. Pursuant whereof, he was reinstated into service on 28.04.1994 by way of interim relief. However, by award dated 14.02.1996, the Labour Court directed reinstatement of the petitioner into service with 75% of the backwages, but denying continuity of service from 29.07.1992 to 24.07.1994. According to the petitioner, although he was taken back to service on 27.04.1994, he was paid only current wages from that period that is to say the minimum wages which was there for the cadre of conductor. It is his case that he is entitled for fixation of payscale. The request made by him in this regard for fixation of payscale was not considered. He also made a request to provide him an alternative employment because of the health reasons. This was also denied. His request to relieve him by accepting his resignation was also not accepted. However, he was transferred to Devadurga Depot. In this background, petitioner made a representation/demand dated 24.11.2011 for payment of arrears of wages and for refixation of payscale, keeping in mind the award passed by the Labour Court on 14.02.1996 in KID No. 5/1993.

(3.) The demand made by the petitioner was referred for conciliation. The Conciliation/Labour Officer submitted a failure report. The Commissioner, after examining the report submitted by the Conciliation/Labour Officer has passed the impugned order returning the failure report and referring the matter back to the Conciliation Officer.