TAMIL NADU STATE TRANSPORT CORPORATION COIMBATORE DIVISION-I LTD Vs. PRESIDING OFFICER INDUSTRIAL TRIBUNAL

JUDGEMENT

(1.) THE petitioner is the State owned Transport Corporation. Aggrieved by the award passed by the first respondent/Industrial Tribunal in I.D.No,3 of 1990 dated 30.12.1997, the present writ petition has been filed.

(2.) THE writ petition was admitted on 31.3.1999 and an order of Status quo was granted on the same day and it is still in force. THE grievance of the petitioner/Corporation is that the Industrial Tribunal, in passing the award, nullified the resolution passed by the Board of Directors vide 61st meeting held on 29.6.1979, which reads as under:

(3.) THE Industrial Tribunal took the reference as I.D.No,3 of 1990 and issued notice to the parties. THE second respondent/Union filed their claim statement and the petitioner/Corporation filed their counter statement before the Tribunal. THE petitioner/Corporation examined their office bearer one Surali as W.W.1. On the side of the petitioner/Corporation, one Liaghat Ali was examined as M.W.1. THE petitioner/Corporation filed twelve documents and they were marked as Exs.M1 to M12. On the side of the second respondent/Union, twelve documents were filed and marked as Exs.W1 to W12. THE Industrial Tribunal, after examining the rival contentions, held that the cut off date fixed by the petitioner/Corporation was arbitrary and violative of Article 14 of the Constitution of India. In coming to the said conclusion, the Tribunal also relied upon the judgment of the Supreme Court in All India Reserve Bank Retired Officers Association v. Union of India [AIR 1992 SC 767] and D.S. Nakara v. Union of India [AIR 1983 SC 130]. In page 19 of the award, the Tribunal held as under: