IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH AT GULBARGA DATED THIS THE 29 th DAY OF MARCH, 2011 BEFORE THE HONBLE MR.JU5UCE MOHAN SHANTANAGOUDAR WRIT PETITION O40461 OF 2008jLK5RTC) c,W EflflONNO.84131OF29LK5RTC JJiW P jyQILAP8; CLI WEE N: The Divisional Controller, NWI{RTC Bagalkot Division, Bagallcot, Ey its Chief Law Officer, Central Office, Uokul Road, Hnhli. PETITIONER (BY Sri. Chailanva icumar for Sri. Veeresh B. Path, Advocate) AND: Yamanappa 5/0 Sangappa Ethinur, Age: 47 years, 0cc: Nil, C/o Sri. ‘CC. Rulkarni, Advocate, Chaind bodi Road, Bijapur. . R ESPON F) ENT (By Sri. R. B. Auneppanavar, Advocate) This writ petition is filed under Articles 226 and 227 of the Constitution of India, praying to issue a writ in the nature of certiorari quashing award dated 27,04.2007 made in Application No.19/1998 by the Labour Court Bijapur (Annexure-E). and etc., IN W.P No.84131/2009: BETWEEN: Mr. Yamanappa Sb Sangappa Kannur, Age: 59 years, 0cc: Nil. R/o Bijapur, Tq. & Dist. Bijapur. .. PETITIONER (By Sri. R.B. Anneppanavar, Advocate) AND: The Divisional Controller, K.S.R.T.C., Bagalkot Division, Bagalkot. .. RESPONDENT (By Sri.Chaitanya Kumar for Sri. Veeresh B.Patil, Advocate) This writ petition is filed under Articles 226 and 227 of the Constitution of India, praying to issue a writ in the nature of certiorari quashing the impugned award dated 27.04.2007 passed by the Labour Court, Bijapur in Application No.19/1998 produced as Annexure-B, in so far as denial of portion of amount as claimed in application No.19/1998 and to direct the respondent/corporation to pay the due amount of Rs.1,58.760/- with interest at the rate of 18% per annum. These writ petitions are coming on for Preliminary Hearing — B Group, this day the Court made the following: ORDER Heard the learned counsel for the petitioner- workmen and the learned counsel for the respondent- corporation. Since these two petitions are filed against the order dated 27.4.2007 in Application No.19/1998 on the file of the Labour Court, Bijapur. they are heard together and disposed of by this common order. 2. The Order passed by the Labour Court dated 27.07.2007 under Section 33-C (2) of the Industrial Dispute Act in Application No.19/1998, directing the corporation to pay a sum of 1, 15.905/- with interest at 6% per annum is called in question in these writ petitions. 3. The writ petition No.40461/2008 is filed by the employer-corporation praying for reduction of the -4- amount and the writ petition No.84131/2009 is filed by the employee for enhancement of amount. 4. The records reveal that the petitioner- workmen was dismissed form service on certain charges on 20.8.1992 against which, he approached the Labour Court in KID No.362/1995. The Labour Court passed the order on 17.06. 1997. directing the corporation to reinstate the workmen into service with 30% back wages. The same was published on 29.11.1997. After one year, the corporation approached this Court by filing writ petition No.25814/1998. The same was disposed of on 23.06.2000 with a direction to the corporation to reinstate the workmen into service without back wages which means. 30% back wages, as ordered by the Labour Court was set aside by this Court. -5- 5. It is also relevant to note that there was an interim order of stay. as regards payment of back wages, during the pendency of the writ petition. but however, there was no order of stay relating to the reinstatement. Thus, having no other option, the corporation reinstated the workman into service after publication of the award of the Labour Court. However, the workman was paid minimum wages attached to the post. he was not paid full salary from 29.11.1997 till February 1999. Thereafter, he was paid regular salary of 11.285/- per month. Thus the workman filed a claim petition under Section 33-C(2) of the Industrial Dispute Act praying for grant of wages, which he has earned from the date of the award till his reinstatement. As aforementioned. oniy minimum wages were paid to the petitioner during the said period. 6. The workman claimed U,58.760/- as a difference of wages for the said period. The Labour - Court fully agreed with the claim made by the workmen in respect of the aforementioned amount. However, the Labour Court justifiably deducted the amounts payable towards exgratia, uniforms, shoes, stitching charges, washing allowances etc., After deducting these amounts, the Labour Court rightly ordered to pay a sum of 1. 15,9O5/-. Thus the award made by the Labour Court is just and proper, the quantum neither needs to be enhanced nor reduced. 7. In my considered opinion, the Labour Court was not justified in granting the interest at 6% per annum for the amount, which is wrongly withheld by the corporation. Having regard to the facts and circumstances of the case, interest of justice would be met if the interest is awarded at the rate of Rs. 8°/b per annum. Hence I pass the following order e i) Writ Petition No.40461/2008 filed by the employer — corporation stands dismissed, ii) The writ petition No.84131/2009 filed by the workmen is allowed in part. iii) In modification of the impugned order dated 27.04.2007 passed in Application No. 19/1998 the petitioner- workmen is entitled to interest at the rate of 8% per annum as against 6% per annum. iv) The rest of the order made by the Labour Court remained unaltered. Sd! JUDGE