C. SHANMUGHASUNDARAM Vs. KANCHIPURAM DR. NAVALAR, NEDUNCHEZHIYAN SILK HANDLOOM WEAVERS CO-OP. SOCIETY LTD., REP. BY ITS SECRETARY/SPECIAL OFFICER AND

JUDGEMENT

(1.) PETITIONER has questioned the legality of the order passed by the Labour Court (Respondent No.2) rejecting the application of the petitioner under Section 33(c)(2) of the Industrial Disputes Act, 1947, dated 3.5.1994.

(2.) THE facts giving rise to filing of the present writ petition are as follows : -

(3.) THE contention of the respondent No.1, which found favour with the Labour Court which observed that in the absence of any direction contained in the appellate order and in the subsequent writ petition regarding payment of backwages, the petitioner was not entitled to any backwages prior to reinstatement cannot be sustained. It is true that in the appellate order there is no direction regarding payment of backwages. Learned counsel for the petitioner has submitted that in fact under the Tamil Nadu Shops and Establishments Act, there is no provision vesting the appellate authority to give direction regarding payment of backwages and as such when the order of dismissal is set aside, it must be taken that the petitioner was in service and was entitled to receive the salary for the period during which he was illegally deprived of serving as an employee. The order of dismissal passed by the first respondent was under challenge and once the appellate authority found the order to be illegal, in the absence of any specific direction to the contrary, it must be taken that the order of dismissal was inoperative from the inception and the person must be deemed to be in service. If a specific direction is not given that the person is not entitled to the backwages, in normal course it must be held that the order allowing the appeal had set the order of dismissal at naught and it must be further taken that the person would be entitled to all service benefits.