K K 124 KOLATHUR PRIMARY AGRL CO OP BANK LTD REP BY ITS SPECIAL OFFICER Vs. PRESIDING OFFICER LABOUR COURT SALEM

JUDGEMENT

(1.) THE petitioner is the management of Primary Agricultural Cooperative Bank represented by its Special Officer at Kolathur, Mettur Taluk, Salem District. In this Writ Petition, they have come forward to challenge an Award passed by the Labour Court, Salem, 1st respondent herein in I.D.No.423 of 2011 dated 18.7.2006. By the impugned award, the Labour Court directed reinstatement of the 2nd respondent with 50% of the backwages but with service continuity and other attendant benefits.

(2.) THE Writ Petition was admitted on 19.1.2007. Pending the Writ Petition, initially Notice was ordered in the said application. Subsequently, an interim stay was granted with liberty to the 2nd respondent to file counter and vacate the said order. THE 2nd respondent though entered appearance through counsel has not chosen to file any counter and vacate the interim order.

(3.) THE management filed a counter statement. In the counter statement, they also reserved their liberty to lead fresh evidence, in case the Labour Court found that the enquiry was not fair and proper. However, even though the preliminary issue regarding the validity of the enquiry was taken, the management reserve their liberty to give up the enquiry proceedings and took permission to lead evidence for the first time before the Labour Court.