MANAGEMENT VELLORE CO OPERATIVE PRIMARY AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD Vs. PRESIDING OFFICER

JUDGEMENT

(1.) The first writ petition is filed by the Management of Co-operative Society represented by its Special Officer, challenging the Award passed by the first respondent Labour Court, Vellore in I.D.No.190 of 2002 dated 06.12.2007. By the impugned Award, the Labour court held that the termination of the second respondent/workman was illegal and he was eligible to be reinstated with 20% of the backwages.

(2.) The writ petition was admitted on 02.04.2008. Pending the writ petition, this Court granted an order of interim stay on condition that the petitioner Society deposits 20% of the backwages as ordered by the Labour Court to the credit of I.D.No.190 of 2002. A further direction was also given to comply with Section 17-B of the Industrial Disputes Act by paying the last drawn wages to the workman. The workman was directed to file an affidavit that he was not gainfully employed elsewhere. On a vacate stay application being filed by the workman, this Court by a further order dated 23.11.2009 held that already a sum of Rs.91,399/- was deposited to the credit of the Industrial Dispute and the last drawn pay has also been duly paid to the workman and the application was closed. However, the Workman was given liberty to withdraw the amount. Once again the Workman took out another interim application for withdrawal of the amount lying in deposit. This Court by a further order dated 16.12.2009 permitted the Workman to withdraw Rs.30,000/- from out of the deposit made with the Labour Court. The balance amount was directed to be deposited in a nationalised bank for a period of three years and to be renewed from time to time.

(3.) Subsequent to the writ petition filed by the Management of the Co-operative Society, the Workman also filed another writ petition being W.P.No.18310 of 2008, challenging that portion of the Award which had denied him the benefit of 80% of the bakcwages.