MANAGEMENT OF HIGHWAYS Vs. T.SARAVANAN

JUDGEMENT

(1.) The issue involved in these Appeals is one and the same and therefore, these appeals are disposed of by a Common Judgment. For the sake of brevity, the gist of the issue is being taken from W.A.No.116 of 2023. The parties are referred to as 'Management' and 'Workmen' for the purpose of convenience.

(2.) Management has preferred these appeals against the order of the learned Single Judge, in and by which reinstatement was granted to Workmen with continuity of service and other attendant benefits, but without back-wages. While modifying the Award of the Labour Court, the Management was directed to complete the exercise of employment within a period of eight weeks from the date of receipt of a copy of the order of the learned Single Judge. It is seen that Workmen have not filed any appeal against the order of the learned Single Judge.

(3.) Management has not disputed the employment of Workmen under them, as they admitted during cross-examination that the employees were in service between 1980 and 1997 and also admitted the availability of Muster Roll with them in proof of the same. For the best reasons known to the Management, M.W.1 has not produced the Muster Roll before the Labour Court. Similarly, even though M.W.1 has admitted that there were cheque books available, which was the basis for payment of daily wages to these employees, counterfoils in respect of those cheque books also have not been produced before the Labour Court.