J. SELVARAJ Vs. VICE CHANCELLOR ANNA UNIVERSITY

JUDGEMENT

(1.) THIS writ appeal is filed against the order made in W.P. No. 33985 of 2005 dated 21.04.2010. The respondents herein challenged the order of the Labour Court made in I.D. No. 105 of 1998 dated 8.11.2004. The said award was set aside by the learned Single Judge holding that the appellant has not produced document to show that he has worked for more than six years as N.M.R.

(2.) THE learned counsel appearing for the appellant relying upon the statement made by the management witness which is recorded by the Labour Court in its award in paragraph 10 submitted that the respondent served from 7.10.1987 to 10.1.1997 with some break and by appreciating the said statement, the Labour Court gave a factual finding that the appellant was working from 7.10.1987 to 10.1.1997 continuously and non -employment of the appellant is not justified and directed reinstatement of the appellant with back -wages and all other attendant employment benefits. The learned counsel relied on the judgment of this Court made in W.P. Nos. 2229 of 1995 and 5125 of 1996 dated 11.2.1997 wherein similarly placed persons worked for six years and more in the Anna University were ordered regularisation by the Labour Court, which was confirmed by this Court. The said order was also implemented by the Anna University/respondents and same is produced before us bearing proceedings No. 20368/PR 64/92 dated 29.1.1998. On a perusal of the said order it is evident that twenty six persons who were petitioners before the learned Single Judge in the above referred writ petitions were absorbed. The learned counsel for the respondents was unable to dispute the implementation of the Labour Court award ordering reinstatement, in terms of the High Court order dated 11.2.1997.

(3.) HENCE , the order of the learned Single Judge is set aside and the award of the Labour Court made in I.D. No. 105 of 1998 dated 8.11.2004 is modified to the effect that the appellant shall be reinstated into service as temporary helper without back -wages from the date of the award of the Labour Court and his service prior to reinstatement shall be calculated notionally for other purposes except back -wages. The respondents are directed to implement the order within a period of four weeks from the date of receipt of a copy of this order.