NDLI: D.n. Krishnappa Vs. The Deputy General Manager

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Industrial Disputes Act 1947 – s.33-C(2) – Recovery of money due from an employer
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case(s) Referred	Referred Case 0 Referred Case 1
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Industrial Disputes Act, 1947 – s. 33-C(2) – Recovery of money due from an employer – Award passed ordering reinstatement with back wages – Order stayed during pendency of proceedings – Denial of back wages from date of award – Not justified – Principle of merger – Non-applicability of – Appellant was dismissed from service by respondent-bank – Labour Court ordered reinstatement with 50% back wages vide order dtd. 18.07.07 – Eventually, High Court confirmed the order of reinstatement but without any back wages vide order dtd. 12.07.13 – SLP dismissed, appellant was reinstated on 23.09.13 – Appellant again approached the Labour Court by filing application u/s. 33-C(2) claiming back wages from the date of award i.e., 18.07.07 till actual reinstatement on 23.09.13, allowed – Order set aside by High Court – Plea of bank that as the operation of award dtd. 18.07.07 was stayed by the High Court and continued to be stayed till disposal of the writ appeals on 12.07.13, the appellant shall not be entitled to the wages from the award dtd. 18.07.07 – Also, as per the Bank, the award dtd. 18.07.2007 merged with the order dtd. 12.07.13 therefore, the said order would be enforceable on the principle of merger – On appeal, held: Interim orders are always subject to the final decision – Merely because there was an interim order/stay of the order of reinstatement during the pendency of the proceedings, the appellant cannot be denied the back wages/wages when ultimately the order of reinstatement came be confirmed by the Court – Further, principle of merger will also not be applicable as the order of award of reinstatement was confirmed by the Division Bench which will rely back to the original order passed by the Labour Court – Appellant entitled to the full wages with all emoluments from the date of order of reinstatement i.e., 18.07.07 to the date of actual reinstatement i.e., 23.09.13, after adjusting the amount already paid under s. 17B, ID Act.Industrial Disputes Act, 1947 – s. 33-C(2) – Bombay Chemical Industries Vs. Deputy Labour Commissioner & Anr. if applicable – Held: In the said case it is held that an un-adjudicated claim cannot be the subject matter of proceedings u/s. 33-C(2) and in the proceedings u/s. 33-C(2), the Tribunal can only interpret the award or settlement on which the claim is based – In the present case, the claim of the appellant was adjudicated upon, thus High Court misapplied the said decision to the facts herein – Appellant approached the Industrial Tribunal by way of an application u/ s. 33-C(2) for implementation of award dtd. 18.07.07 – Therefore, so far as the order of reinstatement and the wages claimed on the order of reinstatement is concerned, the same were already adjudicated upon – Thus, the said decision shall not be applicable to the facts of the case on hand.
Judge	Hon'ble Mr. Justice M.R. Shah
Neutral Citation	2022 INSC 1273
Petitioner	D.n. Krishnappa
Respondent	The Deputy General Manager
SCR	[2022] 17 S.C.R. 809
Judgement Date	2022-12-12
Case Number	9008

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