Ningappa S/O Jakkappa Kenukar vs The Divisional Controller Nwkrtc
2021 Latest Caselaw 2359 Kant

          IN THE HIGH COURT OF KARNATAKA
                  DHARWAD BENCH

       DATED THIS THE 23RD DAY OF JUNE 2021

                         PRESENT

      THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT

                            AND

THE HON'BLE MR.JUSTICE PRADEEP SINGH YERUR

       WRIT APPEAL NO.100629/2016 (L-KSRTC)

BETWEEN:

Shri Ningappa S/o.Jakkappa Kenukar,
Age 60 years, Occ: Retired,
R/o.: At Post Bekawad,
Tq.: Khanapur, Dist.: Belagavi-591302
Since deceased, by his L.Rs.

1A.    Krishnabai W/o. Ningappa Kenukar,
       Age 54 years, Occ: Household work,

1B.    Kaveri D/o. Ningappa Kenukar,
       Age 24 years, Occ: Student,

1C.    Kiran S/o. Ningappa Kenukar,
       Age 22 years, Occ: Student,

1D.    Kishor S/o. Ningappa Kenukar,
       Age 19 years, Occ: Student,

       All are R/o.: At Post Bekwad,
       Tq.: Khanapur, Dist.: Belagavi-591302
                                               ... Appellants
(By Shri Girish Yadawad Adv.)
                              :2:



AND:

The Divisional Controller,
NWKRTC, Belagavi Division, Belagavi,
Rep. by its Divisional Controller,
Belagavi,
Presently rep. by Chief Law Officer,
Central Offices, Gokul Road,
Hubballi-580030.
                                               ... Respondent
(By Shri Shivakumar S. Badawadgi, Adv.)

                        ---------

This Writ Appeal is filed under is filed under Section 4 of the Karnataka High Court Act, 1961, praying to set aside the order passed by the learned Single Judge in W.P.No.66135/2009, dated 01.10.2015 and dismiss the writ petition filed by the petitioner and confirm the order passed by the District Judge & Presiding Officer, Addl. Labour Court, Hubballi in application No.11/2006, dated 08.06.2009.

This Writ Appeal coming on for preliminary hearing, this day, Krishna S.Dixit, J, delivered the following:

JUDG MENT

Shorn of the bulky pleadings and checkered history of

this case, what remains the grievance of the workman who

has been reinstated in service with full back wages and

consequential benefits by the Labour Court, is the

withholding of monitory benefits, half of which has already

been waived by him.

2. The respondent - Transport Corporation being

the instrumentality of Government of Karnataka and

therefore answering the description of "State" under Article

12 of the Constitution of India, as widely interpreted by the

Apex Court, has fairly come forward with the calculation

sheets as to what is payable to this workman as arrears of

wages for the period between July-1992 & January-1997;

the same provides the bedrock for structuring the relief to

be granted to the appellant - Writ Petitioner.

3. With the assistance of the Bar and more

particularly the fair stand taken by the learned panel

counsel for the respondent - Corporation, the arrears of

wages for the specified period admittedly comes to

Rs.73,811/- which remained unpaid for about a quarter

century. This is not a happy thing to happen to any

workman who has to hold his body and sole together being

out of the employment. The sense of justice coupled with

Labour Jurisprudence mandates payment of interest on the

amount withheld inasmuch as it is a temporary

appropriation of the property of the workman and that

cannot go uncompensated, unheeding to the inner voice of

Article 300-A of the Constitution of India. The interest

payable on the amount withheld even at the rate of 6% p.a.

itself comes to Rs.1,08,503/-; this in all comes to

Rs.73,811/- + Rs.1,08,503 = Rs.1,82,314/-; to this needs

to be added, say about Rs.18,000/- by way of cost of the

legal battle waged by the workman for securing the

payment of wages and after his death by his progeny. All

this gives an impression to any reasonable mind that in our

system, justice meanders.

In the above circumstances, this Intra Court Appeal is

disposed of modifying the impugned judgment and directing

the respondent - Corporation to pay to the estate of the

deceased - writ petitioner a sum of Rs.73,811/- +

Rs.1,08,503/- + Rs.18,000/- = Rs.2,00,314/- (Rupees two

lakhs three hundred and fourteen) only, within one month.

The delay in making the payment as above if brooked

shall entitle the appellants to another sum of Rs.25,000/-

(Rupees twenty five thousand) only, by way of exemplary

costs, which the respondent - Corporation shall pay and the

same may be recovered from the erring officials.

The amount payable in this order shall be credited to

the Bank Account of the widow of the deceased - workman

namely Smt. Krishnabai W/o. Ningappa Kenukar; after her

bank account details are furnished by the appellants; the

period of one month prescribed shall be reckoned from the

date of furnishing such details.

SD/-

JUDGE

SD/-

JUDGE

Vnp*