Subhash B. Adi., J. - (1.) This petition is directed against the order dated 20.12.2003 in Application No. 17 of 2002 passed by the Additional Labour Court, Bangalore.
(2.) Respondent-workman had filed an application under section 33C(2) of the industrial Disputes Act, inter alia seeking direction for computing the arrears of bonus, shift allowance, leave benefits, national and festival holidays allowance, medical allowance, annual, leave with wages allowance, casual leave allowance, repast allowance, shift allowance, mechanical allowance, uniform allowance, stitching allowance, washing allowance, shoe allowance, bata allowance and incentive allowance due to the, applicant from 28.8.1979 to 16.4.1998 as per the various Government Orders, Rules and Regulations of KSRTC to Rs. 74,849 or more along with interest at the rate of Rs. 18% p.a. from 28.8.1979.
(3.) It is alleged that, the respondent-workman was appointed as helper on 24.1.1978 on a salary of Rs. 150 per month. He was removed from service with effect from 25.6.1979. He sought for conciliation of his dispute and the dispute was referred to the Labour Court. The Labour Court in Ref. No. 170 of 1986 passed an award on 24.4.1997 directing the management to reinstate the respondent to the original post along with 85% of back wages with all consequential benefits. The said award was challenged by the Management in Writ Petition No. 27971 of 1997. The writ petition was disposed of by order dated 13.11.2000 modifying the back wages to the tune of 50% as against 85%. It is alleged that, as per the Government Order, KIMCO employees were absorbed in the petitioner-Corporation with effect from 1.1.1996 and the employees absorbed are entitled for all the service benefits. It is further alleged that, though the award has been passed for consequential benefits, the same are not paid to the respondent-workman.;