SUPERINTENDING ENGINEER, MADURAI ELECTRICITY DISTRIBUTION CIRCLE/METRO, TAMILNADU ELECTRICITY BOARD Vs. A MOHAMMED KUTHPUTHEEN

JUDGEMENT

(1.) Subject matter of the instant writ petition arises under Industrial Disputes Act, 1947 (hereinafter referred to as 'I.D. Act', for brevity). The writ petitioner before me, i.e., The Superintending Engineer, (Formerly Superintending Engineer-Acquisition Circle, Madurai Corpn., Tallakulam, Madurai-2), Madurai Electricity Distribution Circle/Metro, Tamilnadu Electricity Board, K.Pudur, Madurai., is hereinafter referred to as 'said Corporation', for the sake of convenience and clarity. The first respondent before me, i.e., Mr.A.Mohammed Kuthputheen, is hereinafter referred to as 'workman', for the sake of convenience and clarity.

(2.) The workman was terminated by the said Corporation on 01.03.1982. Thereafter, an Industrial Dispute was raised by the workman. Industrial Dispute was not referred to the jurisdictional Labour Court by the Government. A writ petition was filed in this Court and pursuant to a direction from this Court, the Industrial Dispute was referred to the jurisdictional Labour Court, i.e., Labour Court, Madurai (hereinafter referred to as 'said Labour Court', for the sake of convenience and clarity).

(3.) After a detailed enquiry, the said Labour Court partly allowed the claim of the workman and directed the said Corporation to give fresh appointment to the workman. With regard to the workman's claim for backwages and continuity of service, the same were negatived. Therefore, I say that the said Labour Court has partly allowed the claim of the workman. This is vide award dated 13.08.2003 in I.D.No.195/1995. This award is hereinafter referred to as 'impugned award', for the sake of convenience and clarity. The said Corporation has filed the instant writ petition in this Court assailing the impugned award.