AGNELO FERNANDES Vs. FOMENTO CORP

JUDGEMENT

(1.) The petitioner joined the services of M/s. Auto Universal as a Branch In-charge at Mapusa on 6/2/1983. M/s. Auto Universal was taken over by the respondent Formento Corporation on 27/2/1987. The petitioner continued to work as a Branch In-charge of the respondent Corporation at Mapusa till 20/1/1988, when he was transferred to the stores room at Margao, where he worked till 7/3/1988. The services of the petitioner came to be terminated w.e.f 8/3/1988. The petitioner raised an industrial dispute being Reference I.T No.31/1989 which was dismissed by the Industrial Tribunal on 8/5/1993. The Tribunal, although came to the conclusion, that the petitioner was a workman, held that the action of the Corporation, in terminating the petitioner, was legal and valid. The petitioner challenged the same before this Court in W.P. No.201/1994 which was allowed on 7/7/1997, directing reinstatement of the petitioner along with back wages and all consequential benefits. The respondent/Corporation unsuccessfully challenged the said decision in LPA No.2/2000 which was dismissed on 18/1/2000.

(2.) As the respondent did not comply with the order of reinstatement the petitioner filed Contempt Petition no.13/1998. During the pendency of the contempt petition, the petitioner was allowed to join the duties at Margao on 11/7/2000.The last drawn salary of the petitioner when his services came to be terminated was Rs. 850/- per month. On reinstatement w.e.f 11/7/2000, the petitioner's salary was fixed at Rs. 2500/- per month. During the pendency of the contempt petition the petitioner was also paid an amount of Rs. 1,23,859/- vide cheque dated 31/3/2000.

(3.) According to the petitioner, the amount paid towards the arrears of the back wages have not been properly calculated taking into account the annual increment of Rs. 100/- and in terms of the judgment of this Court in W.P. No.201/1994. The petitioner also claimed that he is entitled to bonus and traveling expenses from Mapusa to Margao. The petitioner, therefore approached the Labour Court under section 33-C (2) of the Industrial Disputes Act, 1947 (Act, for short) claiming an amount of Rs. 2,59,650/- (Annexure I) towards the arrears of the back wages/salary, Rs. 21,448/- (Annexure II) towards bonus from the year 1988-1989 to 2000-2001 and traveling expenses of Rs. 1,09,153/- (Annexure III).