THE STATE OF KARNATAKA AND ORS. Vs. NABISAB

JUDGEMENT

(1.) The petitioner-State of Karnataka is before this Court under Article 226 of the Constitution of India praying to quash the order dated 31.12.2013 in application No.79/2012 by which State is to pay a sum of Rs.3,39,755/- being the wages of the respondent for the period from 01.04.2004 to 31.03.2012.

(2.) The brief facts of the case are that, the respondent was working as a driver on daily wages in the office of the Deputy Director, Department of Mines and Geology, Belagavi. As the respondent was dismissed from service, he raised a dispute in Ref.No.153/1998. The said reference after enquiry was allowed by order dated 18.12.2003 directing the petitioner herein to reinstate the respondent and it was observed that the respondent was not entitled for any continuity of service, back wages and other benefits. The said award was challenged by the petitioner-State of Karnataka in W.P.No.62870/2009. By order dated 25.05.2011 the said writ petition came to be dismissed. Against the dismissal of the writ petition, an appeal in W.A.No.6410/2011 was filed, which was also dismissed by order dated 27.02.2012. Thereafter the respondent filed application under Section 33C(2) of the Industrial Disputes Act, 1947 (for short, the 'Act') praying for a direction to the petitioner to pay wages for the period from 01.04.2004 to 31.03.2012 i.e. from the date of publication of award for reinstatement and the date of actual reinstatement. The Labour Court after enquiry by order dated 31.12.2013 allowed the application and directed the petitioner to pay a sum of Rs.3,39,755/- being the wages claimed by the respondent herein. Aggrieved by the said order the petitioner-State is before this Court in this writ petition.

(3.) Heard the learned HCGP for the petitioner and the learned counsel for the respondent. Perused the writ petition papers.