NEETA S PATHAK MUMBAI Vs. BOMBAY PORT TRUST

JUDGEMENT

(1.) The matter is called out from final hearing board.

(2.) The petitioner, who has been reinstated with backwages by order dated 10th April, 1991, filed an application under section 33-C(2) of the Industrial Disputes Act, 1947, (for short, the Act), for determining the money payable to the petitioner by way of leave wages, bonus, ex-gratia wages and leave travel allowance for the period from 13-2-1978 to 27-5-1992. By the impugned order dated 16th October, 1996, the Presiding Officer of the Labour Court directed the respondent to pay minimum bonus for the period 13-2-1978 to 28-5-1992, with 12% interest per annum, from the date of the publication of the award till its payment. There is no challenge to this part of the order by the respondents. The backwages does not include bonus but as there is no challenge, I am not interfering with the same. Hamdard (Wakf) Laboratories vs. Dy. Labour Commissioner and ors., 2007 5 SCC 281

(3.) The Tribunal, after considering the material placed on record, granted the reinstatement with backwages. Therefore, once the Court has passed the order of reinstatement with backwages only, the submission and the application as filed under section 33-C(2) without challenging the award in question and as the same has attained finality, in my view, there is no question of reagitating the new claim/benefit by filing application under section 33-C(2) of the Act for reliefs other than awarded. Even otherwise, the reasoning given in paragraph Nos. 12 and 14 with regard to leave wages and leave travel concessions, need no interference, as it is well within the framework of rule and record.