D.RAMESH Vs. UNION TERRITORY OF PUDUCHERRY

JUDGEMENT

(1.) THE petitioner was a workman employed by the third respondent. He was terminated from service by an order dated 21.8.1998. He took up the matter before the Labour Court, Pondicherry in I.D.No.59 of 2001 when the industrial dispute regarding the non-employment was referred for adjudication by the Pondicherry Government. The Labour Court, Pondicherry, passed an award dated 31.1.2003 in I.D.No.59 of 2001 reinstating the petitioner with 50% backwages.

(2.) AGAINST the said award, the Management filed a writ petition in W.P.No.11476 of 2003 to quash the aforesaid award. During the pendency of the writ petition, the petitioner was paid 17(B) wages and he was not reinstated in service. Ultimately, the writ petition was dismissed on 8.2.2011. Challenging the said order dated 8.2.2011 made in W.P.No.11476 of 2003, the Management filed a writ appeal in W.A.No.578 of 2011. The writ appeal in W.A.No.578 of 2011 was dismissed on 7.4.2011. Thereafter, the petitioner made requests dated 9.5.2011, 9.6.2011 and 14.6.2011 to the Management to reinstate him with 50% backwages, as directed by the Labour Court, Pondicherry.

(3.) IN the said circumstances, the petitioner was discharged from service by an order dated 22.11.2011 by the Management. The discharge was on the ground that the petitioner was medically unfit. While so, the petitioner made a complaint to the Labour Officer, (Conciliation), Pondicherry, that the discharge from service amounts to unfair labour practice and therefore, the Management is liable to be punished. The Labour Officer, Pondicherry, held enquiry on the complaint on various dates. The petitioner also sent notice dated 13.12.2011 to the Commissioner of Labour, Pondicherry, bringing his notice about the illegal discharge by the Management and also the unfair labour practice committed by them. In the circumstances, the petitioner has filed this writ petition seeking for a direction to the first respondent to prosecute the third and the fourth respondents for failure to implement the award dated 31.1.2003 in I.D.No.59 of 2001.