RAMADOSS G Vs. MGMT OF TANSI DIE CASTINGS

JUDGEMENT

(1.) With regard to disallowed claim in the award passed by the First Additional Labour Court, Madras-104 in C.P. No.529 of 1991, dated November 6, 1992, the workman has filed W.P. No. 13051 of 1993. Aggrieved by the award of the Principal Labour Court, Madras in C.P. No.875 of 1993, dated March 27, 1997, the management of Tansi Die Castings, Chennai-32, has filed W.P. No. 11664 of 1998. Since common questions are involved in both the impugned orders, the above writ petitions are being disposed of by the following common order.

(2.) Inasmuch as we are concerned with the orders passed in the claim petitions, it is unnecessary to refer the order of dismissal passed by the management and the ultimate award passed by the First Additional Labour Court, Madras in I.D. No.459 of 1987, dated November 30, 1990, reinstating the workman with back-wages and continuity of service. Though the management has filed a writ petition challenging the said award, it is stated that the same was dismissed by this Court even at the admission stage, hence, the award in I.D.No. 459 of 1987 has become final.

(3.) According to the workman, since the management failed to implement the award, he was forced to file claim petition in C.P. No. 529 of 1991, for computation of monetary benefits before the First Additional Labour Court, Madras. In the said claim petition, workman has claimed monetary loss of Rs.2,57,614.10 for his non-employment from April 1982 to March 1991 under various heads such as pay, H.R.A., C.C.A., bonus, night shift allowance, etc., and also interest at the rate of 16 per cent per annum on the said amount. The Labour Court disallowed the claim of interest as well as allowances claimed. Out of the total claim of Rs.2,57,614.10, the Labour Court has awarded a sum of Rs. 1,39,347.65.