P MUTHUKRISHNAN Vs. MANAGEMENT OF WACZECH LEATHER INDUSTRIES

JUDGEMENT

(1.) The instant writ petition challenges that portion of the award dated 08.02.2008, passed by respondent No.2 the order dated 02.02.2009 by which the second respondent has denied back wages, continuity of service and other attendant benefits to the petitioner.

(2.) The facts and brief are as under:-

(3.) The first Additional Labour Court, Chennai held that the order of oral termination without any charge sheet or enquiry is in violation of Section 25 (F) of the Industrial Dispute Act. The Labour Court therefore directed the first respondent to reinstate the petitioner. However, the Labour Court did not grant any back wages or continuity of service because of the absence of any pleading in the claim statement that the petitioner is not gainfully employed elsewhere.