MYSORE AND CHAMARAJNAGAR DISTRICT CENTRAL CO-OPERATIVE BANK LIMITED Vs. DEPUTY LABOUR COMMISSIONER CUM RECOVERY AUTHORITY

JUDGEMENT

(1.) Aggrieved by the impugned order dated 11.12.2015 passed by the learned Single Judge in W.P. No.17300 of 2012, by the which the petition was dismissed, the writ petitioner is in appeal.

(2.) The petitioner - Bank filed writ petition challenging the order dated 08.05.2012 recovery certificate issued by the 1st respondent - The Deputy Labour Commissioner cum Recovery Authority. The 2nd respondent was working as Secretary in the petitioner Bank since 1969. The petitioner-Bank had refused employment to the 2nd respondent from 01.09.1988, against which the 2nd respondent raised dispute in I.D.No.170/1988 before the Labour Court, Mysore. By award dated 13.7.1993 the Labour Court directed reinstatement of 2nd respondent with all consequential benefits and back wages. The petitioner challenged the said award before this Court in W.P.No.36544 of 1995 and this Court by order dated 12.02.1997 dismissed the writ petition. As the petitioner failed to implement the award of the Labour Court, the 2nd respondent was constrained to file writ petition No.21688 of 1997 and by order dated 12.11.1997 this Court directed the petitioner to comply with the order. The contempt petition filed against the said order was closed since the petitioner under took to pay the arrears of pay to the 2nd respondent herein. In the said contempt proceedings it was observed that if the 2nd respondent has any grievance it is open for him to get it adjudicated in accordance with law. The 2nd respondent claimed that the petitioners are due in a sum Rs.12,85,424/- towards back wages. As the petitioner failed to pay the same, again the 2nd respondent approached this Court in Writ Petition No.34605 of 2000 wherein this Court directed the Deputy Registrar of Cooperative Societies/Common Cadre Committee, to fix the scale of pay of the 2nd respondent. Subsequent to filing of contempt petition, the Joint Registrar of Co-operative Societies fixed the pay scale of the 2nd respondent by order dated 20.05.2005. Again the 2nd respondent was made to approach this Court as the pay scale fixed was not given effect to. This Court directed the petitioner to fix the pay scale and to pay arrears of salary. Being aggrieved the petitioner preferred Writ Appeal No.2598 of 2012, which was dismissed with cost of Rs.10,000/-.

(3.) The 2nd respondent filed application before the Labour Commissioner under Section 33 C (1) of the Industrial Disputes Act, 1947, (for short 'the Act') seeking implementation of the award dated 13.07.1993 passed in I.D.No.170 of 1988. The 1st respondent Labour Commissioner passed order against the petitioner to recover the amount claimed by the 2nd respondent as arrears of land revenue and to deposit the same before him. The said order was under challenge in the writ petition. The learned Single Judge by a reasoned order has dismissed the writ petition, hence, the petitioner is in appeal.