V. SANKARAN Vs. PRESIDING OFFICER

JUDGEMENT

(1.) Heard the learned Counsel on either side.

(2.) The petitioner was employed in the second respondent cement factory, as Machinery Assistant. He had an impeccable record from December 1982, when he was first appointed till 17.04.2013. The petitioner met with an accident on 15.11.2012. He had to be on medical leave for 5 1/2 months in this regard. After he became fit, he reported for duty on 17.04.2013, with the fitness certificate. But, the petitioner was not allowed to join duty. He was given medical leave from 02.04.2013 till 30.08.2013 and asked to come thereafter. The petitioner also sought alternative work vide his letter dated 18.04.2013, based on the suggestion of his Doctor.

(3.) According to the petitioner, the management did not favourably respond to his request for allotting alternative work. They also did not make any payment for the period in question. The petitioner continued to meet his superiors. Since his request was not accepted, he raised an Industrial Dispute before Labour Officer of Tirunelveli, on 10.09.2014. Conciliation talks however failed. He therefore submitted a claim statement before the Labour Court, Tirunelveli, and the same was taken up as I.D.No.3 of 2015. The Labour Court by the impugned award dated 05.02.2016, allowed the above said I.D., but instead of granting reinstatement and back wages, it directed the Management to pay a sum of Rs. 5,50,000/- [Rupees Five Lakhs and Fifty Thousand Only] as lump sum compensation. It also directed the Management to pay the petitioner, all his retirement benefits for his thirty years service. Aggrieved by the same, the petitioner has filed this writ petition seeking reinstatement with full back wages and continuity of service and other attendant benefits.