DIVISIONAL CONTROLLER NEKRTC Vs. S M NEELARAGI

JUDGEMENT

(1.) The petitioner in the above writ petition has sought for the following reliefs:

(2.) The respondent-workman was appointed as badali workman in the petitioner's Corporation in the year 1983-84 and he was terminated from service on 08.10.1986. The same was subject matter of dispute raised by the respondent before the Labour Court in KID No.210/1993. The present petitioner-Corporation filed objections. The Labour Court considering the entire material on record by an award dated 20.07.1994 allowed the reference and directed the petitioner- Corporation to reinstate the respondent-workman into service with 50% backwages and all consequential benefits. Aggrieved by the said order, the present petitioner filed W.P.No.31420/1995 before this Court. The said writ petition came to be dismissed on 18.06.1999. During the pendency of the writ petition, the petitioner-Corporation has reinstated the respondent-workman into service and paid backwages of Rs.33,728.00 from 04.08.1988 to 20.11.1992.

(3.) After reinstatement, the respondentworkman filed a petition in Cri.Misc.No.20/1998 under Sec. 15(2) of the Payment of Wages Act before the Chief Judicial Magistrate and Authority under the Payment of Wages Act, 1936, Bijapur, against the petitioner-Corporation seeking refund of illegally deducted amount to the extent of Rs.1,88,875.00 with interest at 18% per annum from the petitioner- Corporation. The present petitioner appeared and filed objections. Parties were allowed to adduce evidence. After considering both oral and the documentary evidence, the Principal Chief Judicial Magistrate, recorded a finding that it appears that instead of giving all the benefits with continuity of services, the Corporation has committed mistake by wrongly calculating the wages of the original petitioner-workman as per their whims and fancies. RW.1 admitted that Bonus Act is applicable to the KSRTC and they have to pay bonus to their employees. He has further admitted that they have to calculate the entire leave from the date of dismissal till the date of implementation of the award of the petitioner. He admitted that they have not produced any documents to show that they have illegally calculated the leave benefit of the original petitioner from the date of dismissal till implementation of award and subsequently.