THE DIVISIONAL MANAGER Vs. DEV NARAYAN MISHRA

JUDGEMENT

(1.) The delay in filing the Special Appeals is satisfactorily explained and is condoned. The applications under Section 5 of the Limitation Act are allowed. The respondent-workman was engaged as a Conductor in the Rajasthan State Road Transport Corporation (for short, "the Corporation") on daily wages on 6.4.1983. His services were terminated on allegations of misconduct on 27.8.1984. The respondent approached the Industrial Tribunal against the order of termination. By an Award dated 20.11.1996, the termination was held to be illegal and he was made entitled for reinstatement with continuity in service. On the question of back wages, the Tribunal awarded 75% wages. In the same Award, the Tribunal observed that in this case, there does not exist any dispute for making the workman permanent on 6.4.1983 and not paying him salary in the regular pay scale even after he had completed 240 days.

(2.) The Corporation filed S.B. Civil Writ Petition No. 6263/1997 challenging the Award of the Tribunal. The Court while admitting the writ petition on 27.11.1997 stayed the operation of the Award. The application under Section 17B of the Industrial Disputes Act, 1997 was allowed on 28.7.1998 and that instead of paying the last drawn wages in terms of Section 17B, the Corporation opted to reinstate the workman in the year 1998. Since than he is working on daily wages under the Corporation.

(3.) We are informed that the respondent-workman has attained the age of superannuation and has been relieved while working as daily wager.