MANAGEMENT OF THIRUVANNAMALAI MILK PRODUCERS CO-OPERATIVE SOCIETY Vs. PRESIDING OFFICER THE LABOUR COURT

JUDGEMENT

(1.) THE above writ appeal is filed against the order dated 16.10.2003 made in W.P.No.,8101 of 1998. THE writ petition has been filed by the appellant herein seeking for the relief of issuance of Writ of Certiorari to call for the records on the file of the Presiding Officer, Labour Court, Vellore made in I.D.Nos.577 and 578 of 1993 and quash the same.

(2.) THE writ Court non suited the appellant for the relief of setting aside the award passed by the Labour Court in respect of reinstatement of respondents 2 and 3, however, in respect of the relief of back wages, upon hearing the argument as to the gainful employment of respondents No.2 and 3, put forth by the appellant, modified the same by the directing the appellant to deposit a sum of Rs.50,000/- to the credit of I.D.Nos.577 and 578 of 1993 on the file of the Labour Court, Vellore, towards back wages to respondents 2 and 3 each, out of which, respondents 2 and 3 were remitted to withdraw Rs.20,000/- each and the balance Rs.30,000/- each was directed to be reinvested in a Fixed Deposit in a Nationalised Bank, Tiruvannamalai. Further Respondents 2 and 3- workmen were directed to make the claim petition with regard to the back wages before the Labour Court and the Labour Court was directed to decide the same within six months from the date of receipt of a copy of this order. THE correctness of the said order is now canvassed before this Court in this appeal.

(3.) WE heard the argument of the learned Senior Counsel for the appellant and perused the material on record.