B MANIMARAN Vs. PRESIDING OFFICER LABOUR COURT VELLORE

JUDGEMENT

(1.) THE Writ Petition is filed by the petitioner, who was employed by the 2nd respondent Hospital at Vellore. In this Writ Petition, the petitioner has come forward to challenge an award passed by the 1st respondent Labour Court, Vellore in I.D.No.141 of 2004 dated 21.05.2007. By the impugned award, the Labour Court in lieu of reinstatement computed a sum of Rs.1 Lakh to be paid to him. Not satisfied with the other claims, the rest of the claim made in the claim statement was dismissed by the Labour Court. THE Writ Petition came to be filed challenging that portion of the award in not granting the relief of reinstatement with backwages and other attendant benefits.

(2.) THE Writ Petition was admitted on 5.9.2007. Even before filing the Writ Petition, the petitioner received the amount of Rs.1 Lakh without prejudice to his claiming relief before this Court. THE amount has been admittedly paid by the 2nd respondent and received by the petitioner, as evidenced from the letter dated 30.8.2007 addressed to the management and a copy of which is found enclosed in page 33 of the typed set of papers.

(3.) AS at that time an industrial dispute was pending before the Industrial Tribunal, an Approval Petition was filed by the management. The Industrial Tribunal took up the application filed under Section 33(2)(b) of the Industrial Disputes Act as A.P.No.87 of 1997. By an order dated 26.5.1998, the Industrial Tribunal granted approval for dismissing the workman.