PUNE MUNICIPAL TRANSPORT Vs. MARUTI NANA CHAWARE

JUDGEMENT

(1.) THIS petition challenges the order of the Labour Court wherein an amount of Rs. 58,643. 24 has been allowed to the respondent as difference in subsistence allowance and bonus.

(2.) THE petitioner employed respondent No. 1 on a temporary basis. On 15-3-1980, when the respondent was in service, a strike was called and the respondent participated in the strike. As a result, the respondent was suspended from the work on 20-3-1980 and was reverted to the post of bus driver on 1-11-1980. An enquiry was held against the respondent and he was dismissed from service with effect from 13-6-1981. The respondent filed an appeal with the Transport Committee, which directed the petitioner to reinstate the respondent as a driver on the basic pay of Rs. 425/- per month. The annual increment for one year was to be withheld by way of punishment. The respondent had simultaneously raised in industrial dispute which was referred for adjudication by an Award of 21-3-1985. The Labour Court directed the petitioner to reinstate the respondent as a starter with continuity of service and full back-wages.

(3.) AGGRIEVED by this order, a writ petition was filed by the petitioner herein challenging the Award and was dismissed by this Court. The petitioner then complied with the Award of the Labour Court by reinstating the respondent as a starter. However, the calculations of the back-wages payable to the respondent were not correctly made and, therefore, the respondent called upon the petitioner to pay him the amounts payable under the award. On 3-9-1986, an order was issued by the petitioner wherein the manner of calculation of the difference in basic wages was shown. The respondent called upon the petitioner to pay the difference alongwith other allowances which he was entitled to as a consequence of the Award of the Labour Court. Since the petitioner failed to accede to the request of the respondent, he filed an application under section 33-C (2) of the Industrial Disputes Act on 28-11-1988. He claimed an amount of Rs. 11,342. 24 as difference in subsistence allowance for the period from 20-3-1980 to 13-6-1981, Rs. 44,600/- as the difference in wages payable to him for the period from 16-6-1981 to 1-12-1984 on account of being reinstated as a Starter and Rs. 2,702/- as bonus for the year 1980-81 and 1981-82.