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Judgment
Ram Mohan Reddy, J.—There is no necessity to extract the facts of the case since there is considerable force in the submission of the learned Counsel for the petitioner that the Labour Court, in exercise of jurisdiction u/s 33-C(2) of the Industrial Disputes Act, 1947 (for short, ID Act''), was required to compute the benefits in terms of money, which having not been done and left to be complied with by the petitioner-Road Transport Corporation, by order dated 17-3-2009 in Application No. 2 of 2008, Annexure-A of the Labour Court, Chikmagalur, deserves interference.
Apparently, the Labour Court instead of computing in terms of money, the benefits which the workman was entitled to refrained from doing so and on the contrary, in the operative portion of the order directed the petitioner to calculate the earned leave salary and the death fund and refund the Income Tax deducted on gratuity amount, as well as 50% of salary from the date of award till reinstatement. The Labour Court fell in serious error in not exercising a jurisdiction vested in it by computing in terms of money the benefits which the workman is entitled to in terms of the award dated 10-7-2000 in I.D. No. 53 of 1996. The order is unsustainable.
In the result, the petition is allowed. The order dated 17-3-2009 Annexure-A of the Labour Court is quashed and the proceeding remitted for consideration afresh and to pass orders strictly in accordance with law, after extending reasonable opportunity of hearing to the parties concerned.