LAWS(MAD)-2008-4-12

P N PERUMAL Vs. PRESIDING OFFICER

Decided On April 09, 2008
P.N. PERUMAL Appellant
V/S
PRESIDING OFFICER Respondents

JUDGEMENT

(1.) W.P. No.10793 of 1999 is filed by the workman challenging the Award dated 19.12.1997 passed by the Labour Court, Salem in I.D. No. 73 of 1996 in so far as it denied the relief of reinstatement and confined the relief only for payment of compensation. W.P. No.13613 of 1999 is filed by the Management against the very same Award in so far as it granted compensation of Rs. 50,000/- in lieu of relief to the workman.

(2.) WHEN the second writ petition was admitted, the said writ petition was directed to be posted along with the first writ petition. But, however, by way of interim order dated 11.8.1999, the amount of Rs.50,000/- was directed to be deposited. Subsequently, on 30.12.2002, the interim order was made absolute. But the same was directed to be deposited in a Nationalized Bank initially for a period of three years under re-investment scheme.

(3.) BEFORE the Labour Court, it was contended by the workman that he was retrenched from service and since the condition precedent under Section 25 F of the Industrial Disputes Act [for short, 'I.D. Act'] was not followed, he is liable to get the normal relief of reinstatement with backwages. BEFORE the Labour Court, the workman examined himself as W.W.1 and on the side of the Management, one Manoharan was examined as M.W.1. While the workman had filed thirteen documents marked as Exs. W.1 to W.13, on the side of the Management, 19 documents were filed and they were marked as Exs. M.1 to M.19.