N KARUPPUSAMY Vs. PRESIDING OFFICER LABOUR COURT

JUDGEMENT

(1.) It is very unfortunate that the petitioner should have filed a Writ Petition of this nature. The petitioner is a workman, who seeks permission to withdraw the amount of Rs.1 Lakh deposited before the 1st respondent, Labour Court, Coimbatore in I.D.NO.123 of 1996 in terms of the directions of this Court made in Writ Appeal No.1516 of 2006 dated 13.2.2008.

(2.) It is seen from the records that an ex-parte award was passed by this Court in I.D.NO.123 of 1996 on 28.8.2003. Aggrieved by the said Award, the 2nd respondent management filed a Writ Petition before this Court in W.P.No.22091 of 2006. In the said Writ Petition, this Court set side the ex-parte award and directed the Labour Court to decide afresh by a final order dated 28.9.2006. As a condition for setting aside the ex-parte award, this Court directed the 2nd respondent management to deposit Rs.1.5 Lakhs to the credit of I.D.NO.123 of 1996. The operative portion of the order as found in para 6 is as follows:

(3.) However, aggrieved by the order passed by this Court, the 2nd respondent management filed a Writ Appeal being W.A.No.1516 of 2006. In the Writ Appeal, the order passed by this Court was confirmed with the modification, namely, the amount to be deposited was reduced from Rs.1.5 Lakhs to Rs.1 Lakh. In other respect, the order of this Court was confirmed. Therefore, the petitioner's right to withdraw the amount of Rs.1 Lakh ultimately depends upon the outcome of the final award. It is now stated that the Labour Court had dismissed the petition in I.A.No.88 of 2009 filed by the management by an order dated 17.4.2009.