VIJAY SHANKAR PATIL Vs. UCO BANK

JUDGEMENT

(1.) Petitioners have filed this petition challenging the judgment and order dtd. 29/8/2024 passed by the Presiding Officer, Central Government Industrial Tribunal-II, Mumbai to the extent of denial of interest on the legal dues payable towards implementation of the Award dtd. 16/9/1999.

(2.) Two workmen-Vijay Shankar Patil and Dilip S. Kotharkar were working with the Respondent-Bank and were terminated from service. At their instance, Reference CGIT No.2/13 of 1999 relating to their demand for reinstatement was registered with Central Government Industrial Tribunal-II, Mumbai (CGIT). The Reference was answered by the CGIT in favour of the workmen by setting aside their termination and directing their reinstatement with full backwages w.e.f. 29/5/1997 alongwith continuity of service. The Bank filed Writ Petition No.4510/2000 in this Court challenging the Award dtd. 16/9/1999. The Petition came to be dismissed by the order of the learned Single Judge dtd. 30/8/2000. The Bank filed Letters Patent Appeal challenging the order of the learned Single Judge dtd. 30/8/2000, which was registered as LPA No.37/2013. The Appeal Court dismissed the Appeal by judgment and order dtd. 10/6/2014. It appears that simultaneously, the workmen had filed Writ Petition No. 8402 of 2012 seeking implementation of the Award dtd. 16/9/1999. By separate order passed on 10/6/2014, the Division Bench disposed of the said Petition reserving liberty for the workmen to exercise appropriate remedy for enforcement of Award before the CGIT.

(3.) The two workmen accordingly filed Application No.2/06 of 2014 before the CGIT under the provisions of Sec. 33-C(2) of the Industrial Disputes Act, 1947 (I. D. Act ) seeking recovery of amount of Rs.27,55,500.00. The Application was resisted by the Respondent-Bank by filing Written Statement. The Bank contended that it had offered amount of Rs.1,99,280.00 by demand draft dtd. 23/12/2014 which was returned by the workmen. That Shri. Vijay Patil never reported for duties and Shri. D.S. Kotharkar reported for duties as daily wager in July 2010 and continued to work till August 2015 after which he abandoned the service.