(1.) The petitioner has come forward with this writ petition to issue a writ in the nature of certiorarified Mandamus to quash the order passed by the first respondent in C.P.No.286 of 2000 dated 6th October 2003 and subsequent order dated 14.7.2004 in I.A.No.540 of 2004 and for a direction to the second respondent to pay the allowances such as earn leave encashment benefits, declared Bonus, declared ex-gratia attendance benefits incentive and payment of incentives and payment of interest at the rate of 18% p.a. for the period of delay.
(2.) The facts in brief which are necessary for the disposal of this writ petition are:- The petitioner and his co-workman K.Ponnuswamy were entered in to the service of the second respondent from 1.5.1959 as Moulders and continued in service till 1.8.1977 and 14.9.1977 respectively. While they were working in the factory, the then partners of the second respondent firm was patronising a Trade Union and the workmen were unable to get redress for even their small demands such as leave and change of shifts etc. So the petitioner and some of his co-workmen began to organise themselves into a Trade Union, registered the same as Socialist Thozhilalar Sangam and began to function from 6.6.1976. The partners of the second respondent firm imposed changes in the working conditions of the workmen who become the members of the new union and began to victimise them by levelling false and concocted charges. Consequently, the petitioner and his co-workman K.Ponnusamy who were prominent in the Trade Union activities, were dismissed from employment from 1.8.1977 and 14.9.1977, respectively.
(3.) Thereafter, the issue of their non-employment was referred to the adjudication of the Labour Court, Coimbatore vide G.O.Ms.No.2032 dated 10.9.1987 and it was taken up on the file of the Labour Court, Coimbatore in I.D.228 of 1987. The Labour Court, Coimbatore has quashed the dismissal orders passed by the second respondent and directed the second respondent to reinstate the petitioner and his co-workman K.Ponnuswamy with 25% of backwages along with the cost of Rs.200/-. Aggrieved by the award of the Labour Court, the second respondent filed writ petitions in W.P.Nos. 12475 of 1990 and 12476 of 1990 and the same were dismissed by this Court by order dated 25.8.1999. Against which the second respondent preferred writ appeals No.73 and 84 of 2000 and the same were also dismissed by the Division Bench of this Court on 4.2.2000. During the pendency of the writ appeal the co-workman K.Ponnuswamy passed away on 18.11.1999.