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Judgment
O R D E R
Through this Original Application applicant has sought direction to the respondents to release the HRA amount of 100% i.e.162254/- and bonus amount of Rs.60113/- along with interest on delayed payment at the rate of 18%.
The relevant facts of the case are that the applicant was initially appointed to the post of Lower Division Clerk on 15.04.1968 and on transfer was posted with respondent-department on 01.10.1984. The applicant was served with a charge sheet followed by departmental enquiry which imposed the penalty of dismissal from services w.e.f.11.07.1990. On dismissal of his appeal, applicant approached CGIT-cum-Labour Court for adjudication of his dispute. The CGIT vide its award dated 15.06.2011 (Annexure A/2) set aside the entire proceedings as well as the order of dismissal and directed to reinstate the applicant w.e.f.11.07.1990 with full back wages. Since the workman has attained the age of superannuation on 30.09.2008 he is entitled to get all retiral benefits in accordance with law. Thereafter the respondent-department assailed the said order before the Hon’ble High Court of Madhya Pradesh in W.P. No.925/2012 (S) wherein the Hon’ble High Court vide order dated 27.01.2012 affirmed the award of reinstatement and further held that workman would be entitled for 65% of backwages and not full back wages. Accordingly he was paid all the benefits including retiral benefits and MACP benefits. However, HRA and bonus had not been paid to him. The applicant preferred O.A. No.884/2015 before this Tribunal which was disposed of with a direction to the applicant to submit representation before the competent authority. He submitted his representation on 22.04.2015 and 07.07.2015. In compliance of said order of the Tribunal, the respondent department vide letter dated 24.06.2015 informed the applicant that since the individual has not physically served during the period and hence is not entitled to bonus. However 65% of HRA has been forwarded to the audit authority and the same has been paid to him. But no bonus has been granted to the applicant. Hence, this Original Application.
Respondents in their reply have submitted that they have already paid 65% of HRA Rs.105646 as per the direction of Hon’ble High Court of Madhya Pradesh. As far as bonus is concerned, the applicant had not worked during the period therefore he is not entitled for the same.
Heard the learned counsel for both the parties and perused the pleadings and documents annexed therewith.
It is an admitted fact that the applicant was dismissed from service and was reinstated vide order dated 27.01.2012 passed by Hon’ble High Court of Madhya Pradesh in Writ Petition No.925/2012 (S) (supra). On perusal of due and drawn statement produced by the respondents at the time of hearing, it is seen that respondents have already paid 65% of backwages as well as HRA Rs.105646/-. As far as bonus is concerned, the applicant had not worked during the period therefore he is not entitled for the same. Bonus is based upon the principles of labour and management jointly contributing to the earning of profits but when the worker has not been actually in service and has made no contribution for the earning of profits, it is but right that in computing the money value of the benefit, bonus should be excluded. I am therefore of the view that this Original Application is devoid of any merits. Hence the same is dismissed. No order as to costs.