MANAGEMENT OF TAMIL NADU STATE TRANSPORT CORPORATION (COIMBATORE DIVISION) LTD. Vs. PRESIDING OFFICER LABOUR COURT

JUDGEMENT

(1.) The order dated 25.11.2013, passed by the Labour Court in C.P.No.219 of 2010, is under challenge in the present writ petition.

(2.) The writ petitioner is the management of Taml Nadu State Transport Corporation (Coimbatore Division) Limited. The second respondent was appointed as a Driver in the writ petitioner- Corporation. On 03.06.1982, the second respondent-workman was appointed and was retired from service on 31.10.2010. The second respondent-workman filed a Computation Petition No.219 of 2010 before the first respondent, claiming Rs.1,67,680/- towards double wages for the period from 16.07.2003 to 31.10.2008, alleging that no weekly rest was given during that period and therefore, the second respondent-workman is entitled for salary during the said period.

(3.) In this regard, the writ petitioner-Corporation filed a detailed counter statement denying the allegations set out by the second respondent-workman. It is stated that the employees who performed their duties will be allowed to take rest on the very next day of their duty. Accordingly, the second respondent-workman had availed rest on the very next day of the duty and the workman had worked only for three days in a week and availed rest for another three days. Further, a point was raised by the writ petitioner- Corporation that the computation petition is to be dismissed on the ground of delay and laches and also on the ground that the second respondent-workman has to adjudicate his right, which is to be determined by the Labour Court. However, without any adjudication, the petition under Section 33C(2) of the Industries Disputes Act, cannot be entertained.