LAWS(MAD)-2019-4-648

DEPUTY GENERAL MANAGER Vs. CENTRAL GOVERNMENT

Decided On April 22, 2019
DEPUTY GENERAL MANAGER Appellant
V/S
CENTRAL GOVERNMENT Respondents

JUDGEMENT

(1.) The second respondent herein, who had been engaged as a Temporary Messenger in the petitioner Bank is claimed to have been terminated from services, owing to which, he had raised a dispute for reinstatement and other benefits. By an order dated 28.04.2004 made in I.D.No.657 of 2001, the second respondent herein was directed to be reinstated into services without backwages. The Bank has challenged the award in the present writ petition.

(2.) Today, when the matter was called, it is brought to the notice of this Court that in cases of identically placed Temporary Messengers, this Court had denied the relief of reinstatement and have ordered compensation of Rs.2,00,000/- (Rupees Two Lakhs) in an order dated 10.07.2018 passed in W.P.No.27931 of 2003 and in an order dated 23.07.2018 passed in W.A.No.817 of 2015. The grievance of the petitioners in the aforesaid cases is similar to that of the grievance of the petitioner in the present writ petition. As such, the compensation in lieu of the reinstatement would be an appropriate relief and would also secure the ends of justice. It is seen that the petitioner has now attained the age of superannuation and he has also been receiving the benefits of 17B wages of the Industrial Dispoutes Act to the tune of Rs.3,85,560/-.

(3.) The observations of the Hon'ble Division Bench in the aforesaid writ appeal in W.A.No.817 of 2015 are as follows: