Case Note & Summary
The case involves a writ appeal filed by the Management of Indian Institute of Management, Bengaluru, under Section 4 of the Karnataka High Courts Act, 1961, against an order dated 24.06.2025 passed by a learned Single Judge in W.P.No.19969/2016 (L-ID). The respondent, Sri D. Manikya, was appointed as a plumber on 21.10.1974 on a temporary basis and regularised on 25.09.1975. Allegations of misconduct were made against him for incidents on 04.02.1991, 05.02.1991, and 29.08.1991, leading to his dismissal from service on 29.09.2005. The Labour Court, by order dated 05.05.1995, had granted interim relief, and the respondent also received wages under Section 17B of the Industrial Disputes Act, 1947, per order dated 08.11.2006. The Single Judge, in the impugned order, remitted the matter back to the Labour Court for fresh adjudication on the entitlement of back wages from 29.09.2005 to 13.01.2011, directing deduction of the amount paid as interim relief and the wages paid under Section 17B. The appellant Management challenged this direction, arguing that the Labour Court had already considered these deductions. The Division Bench, after hearing both sides, held that the direction to deduct interim relief and Section 17B wages was unwarranted as the Labour Court had already taken these into account. The appeal was partly allowed, setting aside the direction to deduct, but upholding the remand for back wages calculation. The court did not interfere with the rest of the Single Judge's order.
Headnote
A) Industrial Law - Back Wages - Remand - The Single Judge remitted the matter to the Labour Court for fresh adjudication on back wages from 29.09.2005 to 13.01.2011, directing deduction of interim relief and Section 17B wages - The Division Bench held that the direction to deduct interim relief and Section 17B wages was unwarranted as the Labour Court had already considered these aspects - The appeal was partly allowed, setting aside the direction to deduct, but upholding the remand for back wages calculation (Paras 1-5).
Issue of Consideration
Whether the learned Single Judge was justified in remitting the matter back to the Labour Court for fresh adjudication relating to entitlement of back wages from 29.09.2005 to 13.01.2011 after deducting the amount paid as interim relief and the wages paid under Section 17B.
Final Decision
The writ appeal is partly allowed. The direction to deduct the amount paid as interim relief and wages under Section 17B from back wages is set aside. The rest of the Single Judge's order is upheld.
Law Points
- Industrial Dispute
- Back Wages
- Remand
- Deduction of Interim Relief
- Section 17B Wages
- Karnataka High Court Act Section 4
