K PREMARAJ Vs. MANAGING DIRECTOR

JUDGEMENT

(1.) The appellant is before this Court challenging the common judgment of the learned Single Judge, in two writ petitions; one filed by the management and one by the appellant. The appellant, admittedly was a workman which contention has been upheld by this Court in Ext. P25 judgment in the writ petition. We will not refer to the various proceedings earlier taken by the workman in prosecuting the Industrial Dispute itself. As of now, the workman is found entitled to invoke the remedy under the Industrial Disputes Act, 1947 as per the Division Bench judgment of this Court in Ext.P25. The labour court was directed to consider the dispute afresh.

(2.) On consideration of the dispute and after appreciating the evidence, the labour court found that certain misconducts were proved and others were not proved. The labour court directed the workman to be paid a compensation of Rs.2, 98, 000/-; purportedly under Section 11A of the ID Act, interfering in the punishment imposed. The labour court also found that the appellant's mental state is not conducive to continuance in the employment of the management. The Labour Court hence declined the relief of reinstatement and granted compensation.

(3.) The appellant seeks reinstatement as also entire backwages. During the pendency of the proceedings, the appellant has crossed the age of superannuation. In any event, we are not considering that aspect since there is no evidence produced as to the age of superannuation in the management establishment.