PIARA LAL Vs. LT GOVERNOR

JUDGEMENT

(1.) The petitioner who was working as a Conductor with DTC-Respondent No-3 was removed from service by order dated 20.12.1985. He challenged the removal by raising Industrial Dispute which was referred to the Labour Court and was registered as I .D.No.437/95. After adjudication, Labour Court rendered Award dated 31.10.1995 declaring dismissal of the petitioner from service as illegal and unjustified and held that petitioner was entitled to reinstatement to his job and was also entitled to continue in service along with full back wages. The Respondent DTC did not implement the aforesaid Award even after its publication on 10.1.1996. Under these circumstances,petitioner moved an application undersection 33C(1) of the Industrial Disputes Act before the Labour Commissioner on 14.12.1996 claiming a sum of Rs.5,51,000.00 as backwages in terms of the aforesaid Award. The details of aforesaid amount claimed by the petitioner as given in his application before the Labour Commissioner are as under: <FRM>JUDGEMENT_804_AD(DEL)4_2000Html1.htm</FRM>

(2.) The Respondent DTC appeared and filed its objection to the aforesaid computation and submitted that amount payable was not Rs.5,51,000.00 and in fact it was Rs. 1,92,916.00 . The Labour Commissioner issued Recovery Certificate dated 25.4.1997 in the sum ofRs.1,93,000.00 and pursuant thereto this amount was recovered from the DTC on 28.7.1997 Petitioner being not satisfied with the computation of the amount by the Labour Commissioner has filed the instant petition and his grievance is that the Recovery Certificate in the sum of Rs.5,51,000.00 should have been issued instead of Recovery Certificate of Rs. 1,93,000.00 . Insupport of this contention, petitioner submits that once reinstatement was ordered with full back wages and continuity of service, petitioner was-entitled to increment, revision in D.A. and other allowances, revision on account of Pay Commission as well as bonus, Provident Fund etc. He submits that he had made this calculation taking into consideration these aspects. However, while computing the sum of Rs. 1,93,000.00 , the Labour Commissioner has calculated the sum at the rate of Rs. 1,600.00 per month as the salary/wages which the petitioner was drawing as on 21.12.1985 when he was dismissed from service and no regard to the increments, revision in D.A., H.R.A., pay-scale etc. is given by the Labour Commissioner.

(3.) Counter-affidavit was filed by Respondent No.3 in this writ petition and along with the counter-affidavit the details of computation as per DTC has been given. A perusal there of confirms that the back wages are calculated w.e.f. 21.12.1985to 10.1.1996 at the rate of Rs.1,600.00 per month taking into consideration Basic Pay ofRs.324.00 which the petitioner was drawing as on 21.12.1985 and adding D.A. and other allowances to that Basic Pay. In fact in the counter-affidavit Respondent-DTC has stated that the calculation which was given to Labour Commissioner of petitioner's Basic Pay at the rate of Rs.1,600.00 Per month was also wrong inasmuch as the monthly pay of the petitioner as on 21.12.1985 was Rs. 1,387.14p. as per which the total amount payable by the DTC comes toRs.1,55,106.00 as against which the petitioner has received a sum of Rs. 1,93,000.00 and thus petitioner has already been paid Rs.37,894.00 in excess.