V.VASANTHASENAN Vs. A.NISAMUDEEN

JUDGEMENT

(1.) THE writ petition is filed seeking to quash Ext.P6 award to the extent it denies back wages to the petitioner with 12% interest and other service benefits for the period from 25-5-1998 to 31-12-2001 and for a declaration that the petitioner is entitled to get full back wages with 12% interest including all service benefits during the period from 25-5-1998 to 31-12-2001.

(2.) THE petitioner, worked as a Roaster in the 1st respondent establishment from 1957. His service was terminated as per order dated 15-10-1998 w.e.f. 25-5-1998 accepting an enquiry report finding him guilty of three charges levelled against him by the management. Subsequently, the Government referred the matter to the Labour Court under Section 10 (1)(c) of the Industrial Disputes Act. In the Industrial Dispute, the Labour Court passed a preliminary award on 7-2-2005 setting aside the enquiry report. On 23-3-2005 the Labour Court passed final award directing reinstatement of the petitioner with 50% back wages. Subsequently, in C.M.P.No. 126/2005 filed by the workman the Labour Court modified the award and directed payment of full back wages to the petitioner from 25-5-1998 to 31-12-2001, the date on which the petitioner attained age of superannuation, as if he continued in service. Ext. P1 is copy of the order passed by the Labour Court in C.M.P. No. 126/2005 in I.D.59/1999.

(3.) BOTH sides challenged Ext.P2 order before this Court. This Court by Ext.P3 judgment disposed of the writ petitions directing to restore I.D.No. 59/1999 on the file of the Labour Court, Kollam, if paid costs and permitted the management to proceed on the basis of the written statement already filed and contest the proceedings from the stage available on 7-2-2005 from the date of Ext.P3 judgment. This court also directed the Labour Court to pass a revised award within six months from the date of receipt of a copy of the judgment. Pursuant to the direction issued by this Court, the matter was again considered by the Labour Court and passed Ext. P6 award dated 29-1-2010. In the claim statement filed by the workman he setforth his claim for re-instatement in service with all benefits and he pleaded that he is entitled to get full back wages in case of a finding that his dismissal was illegal.