SUPERINTENDING ENGINEER Vs. PRESIDING OFFICER

JUDGEMENT

(1.) The Award dated 23.02.2011 passed in C.P.No.53 of 2010 is under challenge in these present writ petition.

(2.) The writ petitioner is the Tamil Nadu Electricity Board, filed the present writ petition on the ground that the claim petitions were allowed based on the orders of the Tamil Nadu Electricity Board issued in memo dated 13.12.1996. The benefit of ex-gratia payment granted to the contract labourers are not based on the settlement. Contrarily, the ex-gratia payments were granted based on the request made by the Union. While extending the benefit of ex-gratia payment, certain conditions were imposed and paragraph 4 of the memo dated 13.12.1996 reads as under:

(3.) The learned counsel for the writ petitioner states that there is no pre-existing right in respect of the benefit of ex-gratia payment. Ex- gratia payment does not fall under the terms and conditions of the 12(3) Settlement. This being the factum, an adjudication is mandatory.