LAWS(MAD)-2009-1-463

THE MANAGEMENT, CHEKKARAKUDI PRIMARY CO-OPERATIVE BANK, REP BY ITS SPECIAL OFFICER Vs. PRESIDING OFFICER, LABOUR COURT AND; B PARTHASARATHY

Decided On January 27, 2009
The Management, Chekkarakudi Primary Co-Operative Bank, Rep By Its Special Officer Appellant
V/S
Presiding Officer, Labour Court And; B Parthasarathy Respondents

JUDGEMENT

(1.) The petitioner is the State owned transport corporation. The present writ petition has been filed challenging the award of the Labour Court in I.D. No. 145 of 1997 dated 29.01.1998. By the aforesaid award the Labour Court granted reinstatement without back wages but with service continuity to the second respondent workman.

(2.) The writ petition was admitted on 06.10.1998. An interim-stay was granted. Subsequently, when the second respondent filed a vacate stay application as well as a direction to make 17-B payments, this Court directed the petitioner to pay the second respondent a sum of Rs. 68,700/- towards arrears of Section 17-B payments and also to continue to make payment of Rs. 3800/- per month starting form 01.10.1999 till the date of disposal of the writ petition. Liberty was also granted to the petitioner corporation to reinstate the workman without prejudice to their contention in the writ petition.

(3.) It is seen from the affidavit filed by the second respondent during August 1998 his age was noted as 49 yrs. Therefore, by now he would have reached the age of superannuation had he continued in the service of the petitioner corporation.