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Recovery of dues - The Industrial Disputes Act, 1947

Petitioner Corporation had taken certain action against respondent no.4. The matter reached Industrial Tribunal. Industrial Tribunal through its Award dated 19.02.2008 set aside the punishment orders dated 25.04.2001 and 29.06.2001 through punishment orders dated 31.12.2002 and 20.10.2003 were upheld. In view of punishment orders being set aside proceedings and having attained finality, financial benefits available to respondent no.4 were paid to the tune of Rs.100530/-  Respondent no.4 was, however dissatisfied with such amount which, according to him should be Rs. 269767/-. Respondent no.3 accepted the contention of respondent no 4 pursuant to which the matter was forwarded to Respondent no,2 for recovery as arrears of land revenue which resulted in s=consequent action o=for recovery. The orders have been assailed by the petitioner. The Court examined the issue whether orders passed by respondent no.3 accepting the claim of workman and orders of respondent no.2 for recovery of amount is sustainable.

The Court held that petitioner admitted error in calculation which had been made by them and the same had been indicated in the writ petition also that sum is payable to respondent no.4. Respondent no.4 cannot be left without remedy to put forth claim which is claimed to be still due to him Respondent no.4 granted liberty of indicating nature of calculations, based on which higher amount is being claimed by filling representation to the petitioner. Petitioner shall take note of the manner in which claim put forth by respondent no.4 and indicate reasons, if not acceptable. In case the grievance of respondent no.4 is not redressed, respondent no.4 would thereafter have liberty of filling an appropriate application under Section 33-C(2) of the Act before the Competent Authority. If such application is filed, competent authority shall consider the same on merits instead of going into aspects of delay in this regard. Petition disposed of.

-H.C. Karn. 2018 KSRTC v. Dy. Commissioner, Chilkkaballapur Distt. & Ors.


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