SOUTH MALABAR G. BANK Vs. VIJAYARAJAN

JUDGEMENT

(1.) The petitioner is the Chairman of a bank. The bank terminated the services of the first respondent - employee otherwise than, as held by Ext. P1 award, in terms of the relevant regulations. So finding, the Industrial Tribunal, Tamil Nadu in I. D. No. 49 of 1983, held:

(2.) The employee raised a claim consequent upon the award under S.33C(2) of the Industrial Disputes Act, 1947. He claimed that he was entitled to the backwages during the period commencing from the date of termination till the date of reinstatement. The Labour Court in allowing the claim (C. P. No. 88 of 1985) held that, in so far as the termination was declared to be null and void, the employee was entitled to backwages.

(3.) Challenging Ext. P4 order, the petitioner's counsel contends that Labour Court exceeded its jurisdiction in so far as it allowed backwages when the award, pursuant to which the claim was made, did not award backwages Counsel contends is that the court, contrary to the principle stated by the Supreme Court in C.I.WT. Corpn. v. Workmen. AIR 1974 SC 1604 , went beyond the scope of an application under S.33C(2). I do not agree.