MURUGESAN K Vs. MGMT OF BARAGATH INDUSTRIES

JUDGEMENT

(1.) The petitioner has filed this writ petition challenging the Award of the Labour Court, Trichy.dated April 25, 1994 in I.D. No.64 of 1993 whereunder the claim of the petitioner for the back wages had been totally rejected.

(2.) The petitioner herein raised an industrial dispute in I.D. No.69 of 1986 on the file of the Additional Labour Court, Madurai challenging the termination of his service. The Additional Labour Court, Madurai, under the Award dated May 6, 1991, had set aside the order of termination and directed the reinstatement of the petitioner with back wages. Though the petitioner was reinstated by the first respondent, the back wages of the petitioner were not settled. Hence, the petitioner raised the present industrial dispute by filing a petition under Section 33-C(2) of the Industrial Disputes Act for the computation of the back wages. Under the impugned Award, the Labour Court, Trichy found that the petitioner is not entitled for the back wages, since the petitioner earned his livelihood by self-employment. The present Award is being challenged before this Court.

(3.) It is the contention of the learned counsel for the petitioner that when once the petitioner had been directed to be reinstated with back wages, it is not open to the Labour Court in a petition under Section 33-C(2) of the said Act to go into the entitlement of the petitioner with regard to the back wages. While dealing with the application under Section 33-C(2) of the said Act, the Labour Court is discharging only the execution power and it should not consider the validity of. the earlier Award. When the first respondent had not disputed the entitlement of the petitioner' with regard to the back wages, it is not open to them to raise such a plea in a petition under Section 33-C(2) of the said Act. Hence, the present Award of the Labour Court is totally without jurisdiction.