MANAGEMENT OF KAMALAM TRANSPORT REP Vs. R YADHAVRAJ

JUDGEMENT

(1.) THE management of Kamalam Transport, aggrieved by the order of the Labour Court, Coimbatore, in C. P. No. 206 of 1990, dated September 26, 1994, directing them to pay a sum of Rs. 5,000/towards security deposit to the first respondent-workman, has filed the above writ petition.

(2.) ACCORDING to the petitioner, his concern is a proprietary one and he is the proprietor of the same. The concern is carrying on transport business. The first respondent joined the petitioner concern on February 4, 1983. The petitioner concern is not in the habit of receiving any security deposit for the appointment of any employee in their concern even for regular appointment. The first respondent had created a fabricated receipt and had received the signature from the petitioner for a receipt to be sent to one of its customers. Thus, the first respondent had committed forgery and had claimed a sum of Rs. 5,000/-on false and frivolous basis. In the said circumstance, the first respondent filed a claim petition on the file of the second respondent as C. P. No. 206 of 1990. The second respondent after hearing both parties, passed an order on September 26, 1994, allowing the claim petition. Hence, the present writ petition.

(3.) DURING the pendency of the writ petition, due to the death of proprietor of the petitioner concern, namely S, Vellingiri, his legal heirs were brought on record as petitioners 2 to 5, to pursue the writ petition.