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

JUDGEMENT

(1.) The order dated 22.04.2014 passed in C.P.No.73 of 2013 is under challenge in the present writ petition.

(2.) The writ petitioner is the Tamil Nadu State Transport Corporation. The second respondent/workman was appointed as a driver in the petitioner/Corporation and his services were regularized vide order dated 07.10.2008. The second respondent/workman has completed 240 days of service on 01.06.2007 itself and based on that, the second respondent claimed differential salary by filing the Computation Petition. The specific stand of the petitioner/Transport Corporation is that the Computation Petition is to be dismissed on the grounds of delay and latches, in view of the fact that the petition itself was filed after a lapse of six years from the date of the order of regularization. In this regard, it is contended that the workman was issued with the order of regularization on 07.10.2008 and his services were regularized on 01.06.2007. The regularization order was given without any arrears of wages and the wages were paid prospectively. The workman accepted the order of regularization without any protest and even he had not demanded any arrears with retrospective effect.

(3.) Under those circumstances, after a lapse of six years from the date of order of regularization, the workman filed the Computation Petition, claiming differential salary with retrospective effect.