MANAGEMENT, METROPOLITAN TRANSPORT CORPORATION (CHENNAI) LTD. Vs. PRESIDING OFFICER-I, ADDITIONAL LABOUR COURT

JUDGEMENT

(1.) The second respondent raised an industrial dispute in I.D. No. 633 of 19% on the file of the I Additional Labour Court, Chennai for reinstatement by invoking the provisions of section 2-A(2) of the Industrial Disputes Act, 1947. After contest, an award was passed on 5.9.2002, directing the petitioner to reinstate the second respondent herein in service with 50% back-wages, with continuity of service and all other attendant benefits.

(2.) Thereafter, the second respondent filed E.P. No. 207 of 2013 in. I.D. No. 633 of 1996 to execute the award of the Lok Adalat by claiming monetary benefits and the same is challenged by the petitioner in this writ petition.

(3.) It is submitted by the learned Counsel for the petitioner that the second respondent has to work out his remedy as per the terms of settlement arrived at before the Lok Adalat. As per the terms of settlement, the second respondent is not entitled to any back wages, as the same was given up by him and the petitioner agreed to reinstate the second respondent with continuity of service with all other attendant benefits. As per the terms of settlement, the amount deposited by the petitioner herein before the Labour Court was also allowed to be returned to the petitioner and therefore, on reinstatement, the second respondent is not entitled to claim any back wages. Therefore, the proceedings in E.P. No. 207 of 2013 initiated by the second respondent is a clear case of abuse of process of law and therefore, the first respondent should be prohibited from proceeding with E.P. No. 207 of 2013.