MANAGER NEEDLE INDUSTRIES INDIA LTD Vs. R BOJAN

JUDGEMENT

(1.) THE writ petition was filed by the Management, seeking to challenge an Award passed by the second respondent Labour Court in I.D.No.92 of 2000 dated 19.03.2008. By the impugned Award, the Labour Court set aside the punishment imposed on the first respondent and directed payment of 25% of backwages from the date of his removal till the date of his attaining the age of superannuation.

(2.) WHEN the writ petition came up on 10.04.2008, this Court ordered notice on admission and granted interim stay for a limited period. Subsequently, the interim stay was extended from time to time.

(3.) THEREAFTER, the first respondent raised a dispute before the Labour Officer at Coonoor. However, the Labour Officer held that he should raise the issue of non-employment before the authorities at Madurai. The petitioner had filed an appeal against the same to the Joint Commissioner of Labour, Coimbatore. He further raised a dispute before the Labour officer at Madurai on 07.08.1998. The Labour Officer as he could not bring about mediation gave a failure report on 25.03.1999. On the strength of the failure report, the first respondent filed a claim statement dated 06.04.1999. The said dispute was taken on file as I.D.No.92 of 2000 by the second respondent Labour Court and notice was issued to the Management. The Management filed a counter statement dated 10.03.2001.