1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. WRIT PETITION NO.4283 OF 2009. THE DIVISIONAL CONTROLLER MSRTC NAGPUR. VS LAXMAN S/O KESHAVRAO WAKODIKAR --------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram appearances, Court's orders or directions Court's or Judge's Orders and Registrar's orders. Shri V.G. Wankhede, Advocate for the petitioner. Coram : A. H. JOSHI, J. Dated : 14TH OCTOBER, 2009. 1. The respondent had succeeded in his claim for permanency in a complaint before Industrial Court. The said order was challenged before the High Court by employer - present petitioner by filing Writ Petition No.1013 of 1993 which was decided by Judgment and order dated 10-3-2005. 2. Operative part of the order passed by this Court in said Writ Petition No.1013/1993 reads as follows :- (A) The petitioner should absorb the respondent Employee as Mazoor in terms of the order of the Industrial Court, dated 4-12-1992, with continuity of service from his initial entry in the employment. (B) The respondent to file affidavit giving up 50% of the monetary part of the benefits which will accrue to him on 2 account of such observations w.e.f. 4.12.1992. The affidavit mentioned above shall be submitted by the respondent to the petitioner within a period of 15 days from today. (C) The petitioner to absorb the respondent as mentioned above within a period of three months from today and to pay him 50% of the amount to which the respondent is entitled within said period. 9. Thus, the order of the Industrial Court impugned herein stands modified to the extent indicated above. Rule is made absolute accordingly. Petition is partly allowed. No order as to costs. [Quoted from page 23 & 24 of the writ petition paper book] 3. Admittedly, the employer has done the fixation and paid to the workman arrears to the total of Rs.1,83,000/-. 4. The Workman has disputed the correctness of manner of fixation and correctness of arrears paid, and issued a notice of demand on 13-11-2006. Copy whereof is on record of trial Court at Exh.15, and claimed arrears due & payable as per his calculation to Rs.1,43,899/-. 3 5. The employer did not reply the notice. 6. The Workman has then filed application under Section 33 C(2) of the Industrial Dispute Act, and claimed dues of Rs.1,74,233/-, and interest thereon. 7. By filing the written statement, the claim by Workman was contested. 8. The employer did not produce any evidence to rebut the evidence led by the Workman. 9. The Labour Court has allowed the claim and directed the payment of Rs.1,43,899/- with interest @6% per annum. 10. The reasons for order are seen in para 8 of impugned Judgment which read as follows:- 8........................................ In the said notice the applicant has claimed Rs.1,43,899/- from the non- applicant. In the prayer clause the applicant has claimed the difference amount of Rs.1,74,233/- along with the 12% interest. Applicant has sufficiently brought on record that his pay fixation done by the non-applicant in the year 1992 is wrong and the non-applicant has not lead any evidence but filed pursis of no evidence at Exh.18. They could have brought on record how they have calculated the basic pay, for want of any evidence by the non-applicant I am of the view that the applicant is entitled to get the difference claimed amount u/s33 C(2) of the Industrial Dispute Act in view of the Judgment and order of the W. P. No.1013/93 and also in view of the Judgment and order of the Industrial Court in ULPA No.1398/88 hence, the issue No.1 is answered partly in affirmative. 4 [Quoted from page 40 of the Writ Petition Paper Book] 11. Above quoted reasons are so eloquent that further reasons as to why this Court agrees with those need not be recorded, and if recorded, it shall amount to showing mirror to a mirror, leading to infinity of images. Hence, no further reasons are recorded. 12. It shall suffice to add that claim as proved by Workman was not shattered or disproved by the employer. 13. Thus, petition has no merit and is dismissed. JUDGE /Muley/