S N KALIYAPERUMAL Vs. PRESIDING OFFICER LABOUR COURT

JUDGEMENT

(1.) THE petitioner, who was workman, has come forward to challenge an award passed by the first respondent, the labour Court, Cuddalore, dated 02.07.2008, in I.D.No.152 of 2002. By the impugned award, the labour Court refused to grant any alternative employment to the petitioner. However, considering his physical condition, the labour Court held that he can be treated as if he is retired from service from 02.07.2008. He will be entitled to get the terminal benefits as if he is retired from service on that date and that all the amounts should be paid within a period of three months from the date of the award, failing which the petitioner should be paid interest on the basis of the lending rates fixed by the banks.

(2.) IN the writ petition, notice of admission was ordered on 12.01.2009. Pending the writ petition, this Court did not grant any relief on the application for interim direction. On notice from this Court, the respondents have filed a counter affidavit, dated 20.10.2010.

(3.) WHILE in Pattukottai Branch, he could not take his medical treatment. So, he requested for a re-transfer to Thanjavur. Meanwhile, the petitioner was given another charge memo, dated 07.11.2000 for being absent in October 2000. Once again, a punishment of increment cut for one year was given to him. Finally a charge memo was issued on 06.01.2001 alleging that he continued to be absent in December 2000. The petitioner did not give any explanation. But, an enquiry was conducted and the enquiry officer by his report, dated 30.05.2001, found the petitioner is guilty of charges. Thereafter, on the basis of the said report, a show cause notice, dated 12.07.2001 was issued and the petitioner submitted a further explanation explaining his health condition.