COMMISSIONER KADAMBATHUR PANCHAYAT UNION Vs. LOGANAYAHI

JUDGEMENT

(1.) The Commissioner, Kadambathur Panchayat Union and the President of Pudhumavilangai Panchayat are the petitioners herein. Aggrieved by the order passed by the 2nd respondent, the Labour Court in C.P.No.76 of 1998 dated 13.10.2003, the present Writ Petition came to be filed.

(2.) The Writ Petition was admitted on 19.3.2005 and interim stay was also granted. Though the 1st respondent was served, there is no appearance on behalf of the 1st respondent. It is also brought on record that when the earlier ex parte order in the same Claim Petition was set aside, as a condition precedent, the Labour Court directed the petitioner to deposit Rs. 40,000/- to the credit of Claim Petition and the same was done by the 2nd petitioner and Rs. 40,000/- is lying in deposit with the 2nd respondent Labour Court.

(3.) The 1st respondent's husband one Balakrishnan had worked as a Pumpset Operator and he died on 13.7.1994. After his death, the 1st respondent with the assistance of trade union filed a Claim Petition before the Labour Court under Section 33-C (2) of the Industrial Disputes Act claiming a sum of Rs. 1,04,194.40. The claim related to the amounts are set out in paragraph 2, which reads as follows: