NT Reporter Panaji
The High Court of Bombay at Goa partly allowed a petition filed by 21 former workmen of the Kadamba Transport Corporation Ltd (KTCL), represented by the Kadamba Kamgar Union, and enhanced the compensation awarded to them.
The court substituted the Tribunal’s earlier direction to pay compensation of Rs 60,000 each with a direction to pay Rs 1 lakh to each petitioner, along with interest at the rate of 9% per annum, payable from February 10, 2012, till the date of actual payment.
The 21 workmen, who were parties to an industrial dispute that culminated in an award dated February 10, 2012, had challenged the award on the ground that it denied them reinstatement with continuity of service and full back wages. Counsel for the petitioners contended that after concluding that the termination of services was not legal and justified, the Tribunal erred in denying reinstatement.
The HC said the record showed that the petitioners were being paid approximately Rs 1,000 at the time of termination, which would amount to Rs 12,000 per year. Over seven years, this would total Rs 84,000, and some amount could be paid as compensation in lieu of reinstatement, taking the figure to Rs 1 lakh.
“The Tribunal has awarded compensation of Rs 60,000 and this can be substituted with compensation of Rs 1 lakh in the peculiar facts and circumstances of the present case. This amount would carry interest at the rate of 9% per annum,” the HC said.
The HC said, “The Tribunal had issued directions for payment of compensation of Rs 60,000 within two months, failing which it was directed that the same would carry interest at the rate of 9% per annum. This requires to be modified by directing the payment of Rs 1,00,000 and shall carry interest at the rate of 9% per annum, payable from February 10, 2012, till its actual payment.”
