- (1.) Civil Misc. No. 4535 of 2014. Prayer made in this Civil Misc. Application for granting exemption from filing certified copies of Annexures P/2 and P/3 and to allow filing true translated copies of the same is allowed. The Civil Misc. Application stands disposed of accordingly. Civil Misc. No. 4536 of 2014 Prayer made in this Civil Misc. Application for placing on record the application for claim and reply thereto as Annexures P/2 and P/3 is allowed. Annexures P/2 and P/3 are taken on record. Office to tag the same at appropriate place in the file. The Civil Misc. Application stands disposed of accordingly. Civil Writ Petition No. 18524 of 2013. The challenge in the present writ petition is to the order dated 12.10.2012 (Annexure P/1) whereby application filed by the petitioner-workman under section 33C(2) of the Industrial Disputes Act, 1947 (hereinafter referred to as "the Act") has been dismissed. The claim of the petitioner in the application was that a sum of Rs. 46370.55 had been recovered from his retiral dues on account of less output rendered by him. He also claimed his right of entitlement regarding leave encashment to the tune of Rs. 13471 which was paid on 31.3.2002 instead of 1.1.1997 and interest on the said amount. Interest was also claimed on the amount of Rs. 5585 paid on 31.10.2002 instead of 1.1.1995. Thus, a sum of Rs. 1,15,923.43 was claimed which was inclusive of further interest.
(2.) In the written statement filed, the said claim was contested on the ground that the petitioner-workman had retired on 31.12.1994 and recovery was ordered against him which has been challenged in the Civil Suit and the petitioner was unsuccessful and then he had filed an appeal before the Addl. District Judge, Patiala which had also been dismissed. The recovery was thus as per rules. The amount of Rs. 13471 was paid which was not due to the petitioner on 1.1.1997 and only became liable to be paid due to the decision of this Court on 17.8.2001 whereby his plea for extension of service period being son of freedom fighter was decided and thus, there was no delay. The amount of Rs. 5587 regarding eight years of proficiency step up was also released to him on 23.8.2002 after deducting the due amount of Rs. 46370.55 from the amount of gratuity.
(3.) The Labour Court noticed that two suits had been filed challenging the issue of recovery and in both the Civil Suits and the petitioner was unsuccessful and accordingly, the judgment of the Hon'ble Apex Court in Rajasthan State Road Transport Corporation and another v. Khadarmal, 2006 1 SCC 59 relied upon by the workman was distinguished and it was held that the application was barred by res-judicata and the recovery was rightly effected.;