GENERAL MANAGER TAMILNADU STATE TRANSPORT CORPORATION VILLUPURAM Ï¿½ DIV II LTD Vs. PRESIDING OFFICER LABOUR COURT VELLORE

JUDGEMENT

(1.) THE present writ petition in W.P.No.3067/2004 is directed against the award passed by the Labour Court, Vellore, wherein, the labour court has ordered for reinstatement of service of the 2nd respondent and 50% backwages.

(2.) LEARNED counsel appearing for the petitioner submits that the learned labour court, while considering the case of the 2nd respondent herein, has not gone into the aspect of the earlier punishment imposed against the workman/respondent. Therefore, the present writ petition has been filed challenging the correctness of the order passed by the labour court directing the petitioner/transport corporation to pay 50% of the backwages. When the matter was taken up by this Court, learned counsel appearing for the respondent also has brought to the notice of this court, a writ petition filed by the 2nd respondent challenging the award passed by the labour court in respect of non payment of 50% backwages. But, the learned counsel appearing for the 2nd respondent submitted that his client is ready to waive all the backwages from the date of dismissal till the date of reinstatement by the transport corporation. But, however, only for the purpose of getting contributory pension, the case of the petitioner could be considered for the payment of contributory pension and on that basis, prayed for settling the matter once and for all, and therefore, to that effect, he has also filed an affidavit offering to waive his backwages. Since the 2nd respondent himself has come forward to waive the backwages by filing an affidavit by stating that he is willing to waive 10 years of bakcwages from the date of dismissal till the date of reinstatement, the same was accepted by the other side.

(3.) IT is also made clear that the deposit made by the transport corporation before the labour court, shall be allowed to be withdrawn by the transport corporation. IT is needless to mention that the 2nd respondent is entitled to have the benefit of continuity of service including all other attendant benefits and contributory pension benefits also. Therefore, the petitioner Corporation shall make all the employer contribution and also make it clear that 17(b) wages already paid and received by the 2nd respondent need not be recovered by the transport corporation. In result, the writ petition in W.P.No.3067/2004 is disposed of. No Costs.