GENERAL MANAGER TAMIL NADU COOPERATIVE MILK PRODUCERS FEDERATION LIMITED Vs. PRESIDING OFFICER FIRST ADDITIONAL LABOUR COURT

JUDGEMENT

(1.) THE petitioner, which is a Cooperative Milk Producers Federation, aggrieved by the award of the first respondent-Labour Court in directing reinstatement of the second respondent with full backwages, has filed the present writ petition.

(2.) WHEN the writ petition was admitted on 9.4.99, this Court by an order dated 11.8.2000 permitted the worker to be reinstated without prejudice to the contention of both sides. It was also stated that for the conditional stay granted by this Court, the petitioner-Management should deposit Rs.1,41,900/- to the credit of I.D.No.291 of 1991 with the Labour Court and on such deposit, an amount of Rs.31,900/- was to be paid to the second respondent and the balance of Rs.1,10,000/- should be deposited in the Tamil Nadu State Apex Cooperative Bank, Chennai-1 for a period of four years. Subsequently, by a further order dated 31.8.2001, this Court permitted the second respondent to withdraw the quarterly interest accrued to the deposit made before the bank.

(3.) EVEN before the Labour Court, the petitioner-Federation did not produce any material to show that his termination was due to the misconduct alleged against him. The said conduct was to be proved to the satisfaction of the Labour Court. In that view of the matter, the Labour Court directed his reinstatement with service continuity and backwages. The learned counsel also submitted that in a case of temporary employee who was also out of service, the question of grant of backwages that too, full backwages may not arise. He also submitted that when the second respondent was appointed, he did not give the community certificate in original and there was a variation between his school certificate and the original community certificate and therefore he ought not to have been reinstated.