(1.) The prayer in this Writ Petition is to quash the order dated, 23.05.2018, made in ID.No.32 of 2017, on the file of the Principal Labour Court, Sathuvachari, Vellore.
(2.) According to the learned counsel for the Petitioner, the Petitioner had joined the services of the Respondent Corporation as a Driver in the year 1996. In the year 2015, for having caused an accident, disciplinary proceedings were initiated against him and he was removed from service by proceedings, dated 06.09.2016. Challenging his removal from service, the Petitioner had raised an industrial dispute in ID.No.32 of 2017 before the 1st Respondent. In and by the impugned order, the 1st Respondent, while holding that the Petitioner was due to retire in the month of February 2017, had held the Respondent Corporation was bound to treat the Petitioner into service with all attendance benefits and continuity of service till his age of superannuation and held the said relief, as infructuous. However, his claim with regard to back wages was dismissed. Though his actual date of superannuation is 28.02.2019, it was inadvertently assumed by the 1st Respondent that the Petitioner had attained the superannuation in February, 2017 and consequently, he was not entitled for reinstatement. In such circumstances, this Writ Petition has been filed, seeking the reliefs, as stated above.
(3.) The learned counsel for the Petitioner is challenging only the findings of the 1st Respondent that since the Petitioner had attained superannuation during February 2017, his claim for reinstatement had become infructuous, on the ground that the Petitioner is due to retire only on 28.02.2019. He would further submit that in view of such inadvertent error in the impugned order, it was consequently held that Respondent Corporation was bound to regulate the service of the Petitioner into service with all attendance benefits till the date of superannuation, which was stated as February 2017, which is factually incorrect. He would further submit that if the 1st Respondent would have stated the correct date of superannuation, the Petitioner would have become elgile for reinstatement in service till 28.02.2019, which is his actual date of retirement and accordingly,the impugned order may be modified to that extent alone.