MANAGEMENT OF GOPALAKRISHNA TEXTILE MILLS PVT. LTD. REP. BY ITS MANAGING DIRECTOR Vs. S. MUNISWAMY S/O. SUBRAMANI

JUDGEMENT

(1.) RESPONDENT filed an application under Section 10(4 -A) of the Industrial Disputes Act, 1947 against the Petitioner, for refusing employment with effect from 17.3.2000. The notice of claim though was served on the Petitioner/management, statement of objections was not filed. The workman has deposed and Exs.W1 to W4 were marked. For the management, no evidence was adduced. During the pendency of the dispute, the workman has joined duty as is evident from his deposition dated 2.8.2005. He was taken back to duty on 26.2.2002 and was paid the wages. As a result, the claim was confined only for payment of wages for the period commencing from 16.3.2000 up to 25.2.2002. The Labour Court allowed the claim and has directed the Petitioner to reinstate the workman into service with continuity of service together with full back wages i.e., 17.3.2000 till he was reinstated into service i.e., 25.2.2002. Feeling aggrieved, the management has filed this writ petition.

(2.) LEARNED Counsel appearing on both sides after hearing the matter for sometime submitted that, there could be a lumpsum payment by the Petitioner to the Respondent covering the wages for the period from 17.3.2000 to 25.2.2002.

(3.) SMT . Sheela Krishna has no objection for the proposal made by the Court and Sri S.B. Mukkannappa, the learned Counsel appearing for the Respondent also stated that the same is acceptable to him.