VidhiSangh

Supreme Court of India · 12/12/2022

D.N. KRISHNAPPA versus THE DEPUTY GENERAL MANAGER

[2022] 17 S.C.R. 809 · 2022 INSC 1273

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

A bank employee dismissed in 1996 won reinstatement from the CGIT by an award of 18 July 2007. The award was stayed at the bank's instance, and the High Court ultimately upheld the reinstatement while denying back wages for the earlier period. He was reinstated only on 23 September 2013. When the CGIT under Section 33-C(2) directed payment of wages for the period between the award and reinstatement, the Karnataka High Court set that order aside. It relied on Bombay Chemical Industries. The Supreme Court restored the CGIT's order. The claim was to implement an adjudicated award, not an unadjudicated claim. An interim stay obtained by the employer cannot deny wages once reinstatement becomes final. The reinstatement relates back to the award, and Section 17B payments are to be adjusted.

Issues

  1. Whether a workman whose reinstatement award was stayed at the employer's instance but later confirmed is entitled to full wages from the date of the award until actual reinstatement.
  2. Whether such a claim is maintainable under Section 33-C(2) of the Industrial Disputes Act, 1947.

Provisions considered

Held

Result

Civil Appeal No. 9008 of 2022 allowed without costs; the Karnataka High Court judgment dated 30.06.2022 in Writ Petition No. 7176 of 2021 set aside and the appellant held entitled to full wages with all emoluments from 18.07.2007 to 23.09.2013, less amounts paid under Section 17B.

Judgment PDF: Supreme Court of India, [2022] 17 S.C.R. 809.