K.RAMAKRISHNAN Vs. CHAIRMAN / MANAGING DIRECTOR (TANGEDCO)

JUDGEMENT

(1.) The order dtd. 28/1/2016 issued by the 3 rd respondent is sought to be quashed in the present writ petition and a direction is sought for to calculate 50% of the back wages for the entire period from 5/6/1994 to 30/6/2014 and consequently, direct the respondents to regularise his services after completion of 480 days from September 1998 and pay the balance 50% back wages and for consequential terminal benefits.

(2.) The petitioner joined in the services of the respondents / Electricity Board in 1991 as a daily wage employee. On 5/7/1994, while he was on duty, he met with an accident due to short circuit. He got treatment for about 8 months. Thereafter, he made a request for re-engagement. Challenging the non-employment, the petitioner raised an Industrial Dispute in I.D.No.567 of 2000 on the file of the I Additional Labour Court, Chennai. The Labour Court passed an award on 1/11/2004 in I.D.No.567 of 2000, directed the respondent to reinstate the petitioner with continuity of service and with 50% of back wages from 6/7/1994.

(3.) The respondents/Board challenged the award in W.P.No.9688 of 2006, which was dismissed on 21/1/2015. Thereafter, the respondents implemented the award and calculated the back wages and paid a sum of Rs.5,19,625.00. However, the writ petitioner was brought under the regular establishment with effect from September 2007. Under those circumstances, the petitioner claimed that he should have been given regular employment atleast from August 2000. However, by quoting the 12(3) Settlement of the year 2007, the respondents / Electricity Board regularised the services of the writ petitioner only with effect from September 2007, which is arbitrary. That apart, the 50% back wages was also erroneously calculated in violation of the award of the Labour Court. Thus, the petitioner is constrained to move the present writ petition.