MANAGEMENT OF TAMIL NADU STATE TRANSPORT CORPORATION (KUMBAKONAM) LTD Vs. PRESIDING OFFICER, LABOUR COURT, TIRUCHIRAPALLI

JUDGEMENT

(1.) Heard Mr.D.Sivaraman, learned counsel for the appellant and Mr.S.Arunachalam, learned counsel for the respondent / Writ petitioner.

(2.) This Writ Appeal is directed against the order dated 26.02014 made in W.P.(MD)No.3607 of 2010 by the Learned Single Judge of this Court. The said Writ petition was filed by the workman, challenging a portion of the award of the Labour Court, Trichirapalli in I.D.No.4 of 2000 dated 23.07.2001, denying continuity of service and other attendant benefits. The Management has filed a Writ petition in W.P.No.34670 of 2002 before the Principal Bench, challenging the award of the Labour Court, directing reinstatement of the workman as a fresh entrant. During the pendency of the said Writ petition before the Principal Bench, the petitioner moved this Bench and filed the present Writ petition in W.P.(MD)No.3607 of 2010 for the aforementioned relief.

(3.) Unfortunately, both the Writ petitions were not tagged together. The Writ petition filed by the Management was not decided on merits, but, was disposed of on the ground that the workman was reinstated as a fresh entrant. In the light of the same, the Writ petitioner independently pursued his Writ petition, which has been disposed of by the impugned order by making a slight modification in the award of the Labour Court. The relief granted to the workman is that he should be reinstated with continuity of service, but not entitled for backwages, not only for the period of his absence, but, also the entire period during which, the enquiry was pending.