D.N. KRISHNAPPA versus THE DEPUTY GENERAL MANAGER

D.N. KRISHNAPPA versus THE DEPUTY GENERAL MANAGER

Where an award of reinstatement has been confirmed on appeal and ultimately attained finality, an employee is entitled to full wages and emoluments from the date of the reinstatement order to the date of actual reinstatement, subject only to adjustment of amounts already paid under Section 17B; an interim stay obtained by the employer does not disentitle the employee to such back wages when the award is finally confirmed and the CGIT could enforce the adjudicated award under Section 33-C(2).

Parties
Appellant: D.N. Krishnappa; Respondent: The Deputy General Manager
Jurisdiction
India
Judgment Date
12 December 2022
Procedural Posture
Civil Appeal No. 9008 of 2022 / Appeal Against Division Bench Judgment of the High Court of Karnataka Dated 30.06.2022 Challenging Order Under Section 33 C(2) of the Industrial Disputes Act, 1947
Outcome
Appeal allowed
Legal Topics
Section 33 C(2), Section 17 B, Reinstatement, Back Wages, Interim Stay, Principle of Merger, Implementation of Award
Industrial Disputes Act, 1947 Labour Law Administrative Law Section 33 C(2) Section 17 B Reinstatement Back Wages Interim Stay +2 more

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Parties

D.N. Krishnappa

Appellant

The Deputy General Manager

Respondent

Procedural Posture

Civil Appeal No. 9008 of 2022 / Appeal Against Division Bench Judgment of the High Court of Karnataka Dated 30.06.2022 Challenging Order Under Section 33 C(2) of the Industrial Disputes Act, 1947

Legal Issues

  1. 1 Whether employee is entitled to wages/back wages from date of award of reinstatement (18.07.2007) to actual reinstatement (23.09.2013)
  2. 2 Whether an interim stay of an award and subsequent final order merges so as to deny wages for the stayed period
  3. 3 Whether the CGIT had jurisdiction under Section 33-C(2) to enforce the award when the claim was adjudicated

Ratio Decidendi

Where an award of reinstatement has been confirmed on appeal and ultimately attained finality, an employee is entitled to full wages and emoluments from the date of the reinstatement order to the date of actual reinstatement, subject only to adjustment of amounts already paid under Section 17B; an interim stay obtained by the employer does not disentitle the employee to such back wages when the award is finally confirmed and the CGIT could enforce the adjudicated award under Section 33-C(2).

Court Disposition

Appeal allowed

Orders

  • Impugned judgment and order dated 30.06.2022 of the Division Bench of the High Court of Karnataka is quashed and set aside
  • The appellant is entitled to full wages with all emoluments from 18.07.2007 (date of reinstatement order) to 23.09.2013 (date of actual reinstatement), after adjusting/deducting amounts already paid under Section 17B of the Industrial Disputes Act