N.W.K.R.T.C. Vs. CHANDRASHEKAR

JUDGEMENT

(1.) THE award of the Labour Court in Application No. 50/2011 passed under Section 33(c)(2) of Industrial Disputes Act, 1947, is called in question by the Management on the ground that arrived at by the Labour Court is not just and proper.

(2.) ON certain proved charges, the respondent was held to be guilty and was terminated from services by the Disciplinary Authority. Consequently the respondent approached the Labour Court, Bijapur in K.I.D. No. 4/2009 questioning the order of termination. The Labour Court set aside the order of termination and directed to Management to reinstate the respondent into service with continuity of service and consequential benefits but without backwages. Thereafter grievance is made by the workman to the effect that the appropriate monetary benefits are not granted pursuant to the award made in KID No. 4/2009, by filing an application under section 33(c)(2) of Industrial Dispute Act. He claimed a sum of Rs. 3,54,878/ - based on the basic salary of Rs. 10,460/ -. The Management did not file memo of calculation before the Labour Court. However, the Labour Court having calculated the arrears on its own and concluded that the workman is entitled to Rs. 2,74,040/ -.

(3.) SRI Sanjay Joshi, learned Advocate appearing on behalf of workman, per contra contends that the entire dispute is in favour of workman and no useful purpose will serve in remitting the matter. He further submits that the Management is not justifying in approaching this Court without submitting its memo of calculation before the Labour Court.