MANAGEMENT OF KUPPUSWAMY SASTHRI RESEARCH INSTITUTE Vs. PRESIDING OFFICER FIRST ADDITIONAL LABOUR COURT

JUDGEMENT

(1.) THE petitioner is the Management and have come forward to file the present writ petition seeking to challenge the order dated 28.12.2006 passed by the first respondent Labour Court in C.P.No.1 of 2004.

(2.) THE writ petition was admitted on 17.07.2007. Pending the writ petition, this Court granted an interim stay on the condition that the petitioner Management should deposit 50% of the amount awarded by the Labour Court. Subsequently, the second respondent has filed a vacate stay application in M.P.No.1 of 2008. Both the applications were disposed of by a common order dated 12.02.2008 and this Court held that since the Management had deposited a sum of Rs.3,26,943/-, the second respondent was permitted to withdraw the said amount.

(3.) THE second respondent also claimed gratuity and his gratuity application was taken on file as P.G.No.212 of 2004. In the gratuity application, the total service of the petitioner which is 20 years and his monthly salary of Rs.7,480/- came to be determined and the petitioner was directed to pay a sum of Rs.86,308/- together with interest. THE said order became final and hence, there was no dispute with reference to the length of service and the last drawn pay and the Management has also paid the said amount by way of a cheque dated 04.01.2006.