EXECUTIVE DIRECTOR, BHARAT HEAVY ELECTRICALS LTD., TIRUCHIRAPALLI Vs. CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL

JUDGEMENT

(1.) The instant intra-court appeal arises from the order dated 27.03.2015 made in M.P.No.3 of 2015 in W.P.No.914 of 2015.

(2.) An Award dated 12.11.2014 in I.D.No.62 of 2013 has been passed by the Central Government Industrial Tribunal-cum- Labour Court, Chennai, where under the removal order of the second respondent/employee was set aside with a direction to reinstate him in service at Ranipet unit with all consequential benefits. The back wages was restricted to 50%. There against, the management preferred the instant writ petition. Another writ petition was also filed by the Ranipet unit. The Writ court, admitting the writ petition, passed the impugned order dated 27.03.2015 in M.P.No.3 of 2015 in W.P.No.914 of 2015, directing the management to pay the last drawn wages under Section 17-B of the Industrial Disputes Act to the employee from December, 2014 till the date of disposal of the writ petition. It was also directed to pay the arrears from the said date.

(3.) Feeling aggrieved, the management has come up with the instant appeal mainly on the ground that at the time of removal, the second respondent was an employee at Tiruchirappali unit, not at the Ranipet unit. The question as to whether the second respondent was the employee of Ranipet unit or Tiruchirappalli unit was pending consideration in the writ court. As the Labour Court directed to reinstate the second respondent in service at Ranipet unit, at this stage, the learned Single Judge had, accordingly, observed as under :