LAWS(MAD)-2010-3-560

TAMIL NADU CO-OP MILK PRODUCERS FEDERATION LTD Vs. PRESIDING OFFICER OF THE PRINCIPAL LABOUR COURT CHENNAI

Decided On March 17, 2010
TAMIL NADU CO-OP MILK PRODUCERS FEDERATION LTD. Appellant
V/S
PRESIDING OFFICER OF THE PRINCIPAL LABOUR COURT CHENNAI Respondents

JUDGEMENT

(1.) IN W.P.No.2328 of 2010, the petitioner is the Tamil Nadu Co-operative Milk Producers Federation Limited. They are aggrieved by the award passed by the first respondent/Labour Court in I.D.No.627 of 2003, dated 31.3.2009. By the impugned award, the first respondent/Labour Court directed reinstatement of the second respondent/workman with continuity of service and other attendant benefits, but without back-wages. As against the impugned award dated 31.3.2009, W.P.No.2328 of 2010 has been filed.

(2.) THE said writ petition was admitted on 9.2.2010. When the matter came up on that day, this Court directed the payment under Section 17(B) of the Industrial Disputes Act to the workman starting from 1.4.2009. It is now stated that the arrears of payment from 1.4.2009 till 31.1.2010 to the tune of Rs.71,150/- has been deposited in the Labour Court to the credit of I.D.No.627 of 2003.

(3.) THE case against the second respondent was that he has been working as a Heavy Vehicle Driver from 21.12.1987 and he was drawing the last drawn wage of Rs.7,115/-. While he was driving the milk van after collecting milk from the filling center on 19.7.1998 and was returning from Tiruvannamalai to Chennai, at around 3 a.m. near Kalasapakkam Village, the vehicle met with an accident and the co-driver (Pothi) was seriously injured. On account of the accident, the vehicle was damaged and it has caused a loss of Rs.38,652/- to the management. THE workman was placed under suspension.