ELANGOVAN Vs. ADMINISTRATOR CHENGALVARAYAN COOPERATIVE SUGAR MILL PERIYASEVALAI ULUNDURPET TALUK VILLUPURAM DISTRICT

JUDGEMENT

(1.) THE petitioner has filed the present writ petition, seeking to challenge an order passed by the second respondent Labour Court in C.P.No.96 of 2002 dated 16.11.2011. THE said claim petition was dismissed by the second respondent Labour Court as there was no pre-existing right regarding grant of backwages and that the claim petition under Section 33-C(2) of Industrial Disputes Act, 1947 was not maintainable.

(2.) WHEN the matter came up on 01.02.2012, this Court directed Ms.G.Thilakavathi, learned Standing Counsel for the first respondent Sugar Mill to get instructions from the respondent. Accordingly, the learned Standing Counsel filed a counter affidavit signed by the first respondent dated 22.02.2012.

(3.) AGGRIEVED by the Award passed by the Labour Court, the petitioner preferred a writ petition before this Court being W.P.No.2949 of 1996. The writ petition was partly allowed by this Court by an order dated 17.04.2002. This Court in paragraph 7 held as follows:-