V R BHOJEGOWDA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE petitioner was successful in securing an award dated 14th December, 2000 in I.D. Reference No. 52 of 1995, Annexure-A directing the respondent-Cauveri Neeravari Nigama Niyamitha to reinstate the I party workman to the original post i.e., temporary daily wages graduate assistant within two months from the date of publication of the award, disentitling the petitioner to backwages and consequential service benefits, since he was a daily wage employee. That order when challenged by the employers-respondent, suffered an interim order in W.P. No. 36944 of 2001 directing the employer to pay to the petitioner Rs. 1,000/- per month. THE writ petition it is said was dismissed by order dated 11-4-2005.

(2.) THE petitioner filed Application No. 4 of 2007 before the Labour Court, at Chickmagalur invoking Section 33-C(2) of the Industrial Disputes Act, 1947, for a direction to pay Rs.1,48,228.57. THE Labour Court having considered the award dated 14-12-2000 and keeping in mind the fact that the petitioner was a daily wager, held that the petitioner was not entitled to any sum of money, and accordingly by order dated 17th March, 2008, Annexure-G rejected the application. Hence this writ petition.

(3.) INDISPUTABLY, the claim for difference of wage is for the period during the pendency of writ petition, calling in question the award of the Labour Court directing reinstatement as a daily wager without backwages or consequential benefits. If that is so, then the question for decision-making before the Labour Court was; whether a daily wager is entitled to wages without being engaged and without discharging duties?