LAWS(MAD)-2010-6-221

CHENNAI PORT TRUST Vs. PRESIDING OFFICER

Decided On June 08, 2010
CHENNAI PORT TRUST Appellant
V/S
PRESIDING OFFICER Respondents

JUDGEMENT

(1.) The petitioner is the Chennai Port Trust represented by its Chairman. The writ petition is filed by the Chennai Port Trust challenging the Award passed by the first respondent Industrial Tribunal in I.D.No.69 of 1995, dated 9.1.2001. By the impugned Award, the Industrial Tribunal set aside the termination order passed against the second respondent and directed his reinstatement with continuity of service and backwages.

(2.) The writ petition was admitted on 10.9.2001. This Court on the same day in WMP No.23995 of 2001 directed the management to deposit the last drawn wage of the second respondent from the date of dismissal till the order of reinstatement with further direction to pay last drawn wages from the date of Award. 50% of the amount so deposited was directed to be redeposited in fixed deposit in the Indian Bank, Esplanade Branch for three years and to be renewed periodically. The second respondent workman was permitted to withdraw the balance 50%. He was also given permission for half yearly withdrawal of interest on the deposited amount. Thereafter, the conditional order of interim stay was made absolute.

(3.) Subsequently, the management of Port Trust took two applications in WPMP Nos.574 and 575 of 2008 seeking for fixing an early date for hearing of main writ petition and also time extension for deposit. Both applications were disposed of and time was extended for making the deposit. The Chennai Port Trust filed two writ appeals before the division bench being W.A.No.3166 of 2002 and 2877 of 2004. The division bench rejected both writ appeals. During the pendency of the writ appeals, the workman filed a vacate stay application in WVMP No.1353 of 2005 and also a direction application for a direction to pay monthly salary. The applications for vacate stay and direction to pay monthly salary were dismissed by an order, dated 27.7.2006 stating that the matter was seized by the division bench.