N RAMAKRISHNAN Vs. C SUNDAR RAJ

JUDGEMENT

(1.) This intra court appeal is directed against the order dated 31 January, 2012 in Writ Petition No.42083 of 2006, whereby and whereunder while allowing the writ petition filed by the Management challenging the award dated 25 February, 2004 in I.D.No.1270 of 1992, the learned Single Judge modified the punishment of reinstatement with back wages into one of compensation. The learned Single Judge directed the respondent to pay a sum of 2,42,000/-(Rupees Two Lakhs Forty Two thousand only) as compensation to the appellant, in lieu of the order directing reinstatement. However, while issuing such a direction, the learned Single Judge permitted the first respondent to adjust the amount paid under Section 17-B of the Industrial Disputes Act, 1947. The said order is challenged primarily on the ground that the learned Single Judge was not correct in adjusting the amount paid to the employee in discharge of a statutory obligation under Section 17-B of the Industrial Disputes Act.

(2.) We have heard the learned counsel for the respective parties.

(3.) The Labour Court, Chennai, in I.D.No.1270 of 1992, passed an award holding that the non-employment of the appellant was not justified. The Labour Court directed the first respondent to reinstate the appellant into service with back wages, continuity of service and all other attendant benefits.