D. RAJENDRAN Vs. PRESIDING OFFICER

JUDGEMENT

(1.) Heard Mr. D. Bharathy, learned Counsel appearing for the Petitioner and Mr. A.R. Gokulnath, learned Counsel appearing for the Second Respondent.

(2.) In connection with an alleged incident of assault of a Co-Worker, the Management claims that the Petitioner herein had abandoned his services from 7/4/2003 onwards. However, in the Claim Statement, the Petitioner had alleged that the Management had denied employment to him from 7/4/2003 onwards and therefore had raised a dispute claiming that he was employed under the Management for a Monthly Salary of Rs.1,500..00 The Labour Court had taken into account the evidence of MW1, whereby they had offered employment to the Petitioner and accordingly, allowed the Claim Petition for reinstatement and continuity of service. However, the award of Back Wages was denied. The present Writ Petition is against the portion of the award denying Back Wages.

(3.) Two infirmities that are apparent in the award of the Labour Court are that the Labour Court had not taken into account the conduct of the Management when they had admitted that the Petitioner had abandoned his services and no further Disciplinary action was initiated, much less a Show Cause Notice. Likewise, while denying the Back Wages, there is absolutely no reasoning in the award for such denial.