THE DIVISIONAL CONTROLLER, NORTH WEST KARNATAKA STATE ROAD TRANSPORT CORPORATION BAGALKOT DIVISION, BAGALKOT Vs. DANAMMA AND ORS.

JUDGEMENT

(1.) The petitioner-corporation has filed this present writ petition for writ of certiorari to quash the judgment and order dated 24.02.2012 passed in M.A.No.3/2012 by the Prl. District Judge, Bijapur vide Annexure-A and consequentially allow the Misc.Appeal by appellant.

(2.) It is the case of the petitioner-corporation that, the deceased/workman Srishail Siddayya Baragi was working as a driver in the petitioner-corporation. He was dismissed from the service on 30.04.1988 in view of the accident made by him. Therefore, he has filed reference petition under the provisions of Section 10(1) (C) of the Industrial Dispute Act in No.75/1995 before the Labour Court. The Labour Court considering the entire material on record passed an award on 13.06.1997 by setting aside the order of dismissal and directing the petitioner-corporation to pay 50% backwages to the respondents from the date of dismissal with continuity of service and consequential benefits.

(3.) Since, the order was not implemented the deceased has filed an application under Section 15 (2) of the Payment of Wages Act, 1936 before The Prl. Chief Judicial Magistrate and the Authority under the Payment of Wages Act, 1936 Bijapur in Crl.Misc.No.19/1998 for refund of illegally deducted amount to the extent of Rs.2,38,687/- with 18% interest from the petitioner-corporation. During the pendency of the said proceeding the original workman was died on 11.06.2008. The legal representatives of the original workman came on record. The learned Prl. C.J.M. considering both oral and documentary evidence on record by an order dated 07.01.2011 allowed the petition partly and directed the present petitionercorporation pay arrears of wages to the respondent/ LRs of workman to the extent of Rs.6,61,430/- with interest @ 18% p.a. from the date of petition till realization.