MANAGEMENT OF C M C AND HOSPITAL Vs. JOINT COMMISSIONER OF LABOUR APPELLATE AUTHORITY UNDER PAYMENT OF GRATUITY ACT

JUDGEMENT

(1.) HEARD the learned counsel appearing for the parties. At the threshold, it must be said that the learned counsel appearing for the management of CMC and hospital/petitioner fairly submitted that irrespective of the decision in the present writ petitions, that is to say, whether the impugned order is interfered with or modified or confirmed, the petitioner is willing to pay the amount payable on the basis of the order of the appellate authority as ex gratia payment to the concerned workmen, but the management is interested to pursue the present writ petitions as a matter of principle on the question of law involved.

(2.) THE present writ petitions are sequel to the award passed by Justice SRI NATARAJAN, who was appointed as an Arbitrator by the supreme Court to resolve the dispute, which had arisen between the management and the union relating to non-engagement/termination of certain workmen working in the hospital. It is not necessary to notice in detail the various facts and events, which culminated in the appointment of Justice SRI NATARAJAN as an arbitrator. Justice, SRI NATARAJAN in the award came to the conclusion that the non-employment/ termination of the concerned workmen by the management was not in accordance with law. However, it was observed by the learned Arbitrator as follows:

(3.) LEARNED Arbitrator then proceeded to quantify the payment to be made as compensation to the person for the removal from service in derogation of the provisions of section 25 of the Industrial Disputes Act. Ultimately, the Arbitrator came to the conclusion that the workers should be paid back wages for their respective periods of non-employment at the rate of two thirds of their last drawn salary including allowances. So far as the compensation to be paid in lieu of reinstatement is concerned, the Arbitrator decided that the payment of annual income for a period of eight years would be fair amount of compensation. Ultimately, on the basis of such reasoning, the amount payable to each of the concerned workman, whose names are indicated in the chart, which forms part of the award.