Case Note & Summary
The appellant, Kammasandra Milk Producers Co-operative Society Ltd., filed a writ appeal against the judgment and order dated 31.01.2012 passed by the Single Judge in W.P.No.7212/2007. The respondent No.1, Sri K. Shivanna, was working as Secretary in the Co-operative Society. In 1989, he was dismissed from service. He challenged the dismissal before the Assistant Registrar of Co-operative Societies, who set aside the dismissal and ordered reinstatement. The Society challenged that order before the Karnataka Co-operative Appellate Tribunal, which upheld the reinstatement. The respondent No.1 was reinstated on 26.10.1993. Thereafter, he filed a writ petition seeking back wages from the date of dismissal till reinstatement. The Single Judge dismissed the writ petition but directed the Society to pay arrears of salary from 14.5.1990 till the date of reinstatement on 26.10.1993 and granted time to the respondent No.1 to challenge the dismissal order, directing that delay be ignored. The Society appealed against this direction. The Division Bench held that the direction to pay back wages and ignore delay was not justified as the dismissal order was not challenged for many years. The appeal was allowed, and the impugned directions were set aside.
Headnote
A) Service Law - Back Wages - Reinstatement - Payment of arrears of salary from date of dismissal to date of reinstatement - The Single Judge directed payment of salary from 14.5.1990 till 26.10.1993 and granted time to challenge dismissal ignoring delay - Held that the direction to pay back wages and ignore delay was not justified as the dismissal order was not challenged for many years (Paras 1-3).
Issue of Consideration
Whether the Single Judge's direction to pay arrears of salary from 14.5.1990 till reinstatement on 26.10.1993 and to ignore delay in challenging dismissal order was correct.
Final Decision
The appeal is allowed. The impugned directions of the Single Judge dated 31.01.2012 in W.P.No.7212/2007 directing payment of arrears of salary from 14.5.1990 till the date of reinstatement on 26.10.1993 and granting time to respondent No.1 to challenge the dismissal order ignoring delay are set aside.
Law Points
- Back wages
- Reinstatement
- Delay in challenging dismissal
- Co-operative society
- Writ appeal
Case Details
2016 LawText (KAR) (01) 22
Justice Vineet Saran, Justice B. Sreenivase Gowda
Sri R. Chandranna (for appellant), Sri Y.D. Harsha (for R-2 and R3), Sri B.S. Krishna Murthy (for R1)
Kammasandra Milk Producers Co-operative Society Ltd.
Sri K. Shivanna, Assistant Registrar of Co-operative Societies, Karnataka Co-operative Appellate Tribunal
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Nature of Litigation
Writ appeal against Single Judge's order directing payment of arrears of salary and ignoring delay in challenging dismissal.
Remedy Sought
Appellant sought setting aside of the Single Judge's direction to pay arrears of salary from 14.5.1990 till reinstatement on 26.10.1993 and to ignore delay in challenging dismissal.
Filing Reason
Appellant challenged the Single Judge's order directing payment of back wages and ignoring delay in challenging dismissal.
Previous Decisions
Single Judge dismissed writ petition but directed payment of arrears of salary from 14.5.1990 till reinstatement on 26.10.1993 and granted time to challenge dismissal ignoring delay.
Issues
Whether the Single Judge's direction to pay arrears of salary from 14.5.1990 till reinstatement on 26.10.1993 was correct.
Whether the Single Judge's direction to ignore delay in challenging dismissal order was justified.
Submissions/Arguments
Appellant argued that the direction to pay back wages and ignore delay was not justified as the dismissal order was not challenged for many years.
Ratio Decidendi
The direction to pay back wages and ignore delay in challenging dismissal was not justified as the dismissal order was not challenged for many years.
Judgment Excerpts
While dismissing the writ petition filed by respondent No.1, the writ Court has issued certain directions with regard to payment of salary, as well as granting time to respondent No.1 to challenge the order of dismissal passed in 1993 after directing that the delay in challenging the same be not taken into account.
The brief facts of this case are that respondent No.1 was working as Secretary in Kammasandra Milk Producers Co-operative Society Ltd., ... In the year 1989, respondent No.1 was dismissed from service.
Procedural History
Respondent No.1 was dismissed in 1989. He challenged dismissal before Assistant Registrar who set aside dismissal and ordered reinstatement. Society challenged before Karnataka Co-operative Appellate Tribunal which upheld reinstatement. Respondent No.1 was reinstated on 26.10.1993. He filed W.P.No.7212/2007 seeking back wages. Single Judge dismissed writ petition but directed payment of arrears from 14.5.1990 till reinstatement and granted time to challenge dismissal ignoring delay. Society filed W.A.1126/2012 against that direction.
Acts & Sections
- Karnataka High Court Act: Section 4
