P KULASEKARAN Vs. GENERAL MANAGER, SOUTHERN RAILWAY

JUDGEMENT

(1.) By order dated 27.03.2015 passed in M.P.Nos.1 of 2011 and M.P.Nos. 1 and 2 of 2012 in W.P.No.29959 of 2011, this court directed the Management to pay the 17-B wages to the employee from December 2011 till the disposal of the writ petition. Further, this court directed the Management to pay the arrears of 17-B wages from December 2011 till 27.03.2015 to the employee, within a period of four weeks from the date of receipt of copy of that order. Further, it was made clear that the Management shall continue to pay the section 17-B wages without any default to the employee. That apart, this court also directed the Management to pay 25% of the back wages as awarded by the Labour Court to the credit of I.D.No.416 of 2001 before the Central Government Industrial Tribunal-cum-Labour Court, Chennai, within a period of six weeks from the date of receipt of copy of that order.

(2.) Now, the Management has filed the Miscellaneous Petition in W.M.P. No.786 of 2016 to modify the order dated 27.03.2015 and direct them to withdraw the excess amount of Rs.93,307/- deposited to the credit of I.D.No.416 of 2001.

(3.) In the affidavit filed in support of the Miscellaneous Petition in W.M.P. No.786 of 2016, the Management has stated that the employee has attained superannuation on 30.06.2012 itself and therefore, the deposit made by the Management to the tune of Rs.6,36,340/- is in excess of the actual payment to be made to the employee. According to the Management, 25% of the back wages for the period from 01.01.1981 to 16.08.2011 on account of implementation of award in I.D.No.416 of 2001 comes to Rs.4,29,233/- and the actual amount to be deposited by the Management was Rs.5,43,033/-. With regard to section 17-B wages for the period from 1.12.2011 up to the date of retirement of the employee i.e. till 30.06.2012, the total amount comes to Rs.1,13,800/-, which was already deposited to the credit of I.D.No.416 of 2001. If the total amount of Rs.5,43,033/- is deducted from the amount deposited by the Management, i.e., Rs.6,36,340/-, the excess amount paid by the Management comes to Rs.93,307/-.