THANJAVUR DISTRICT CO-OPERATIVE CENTRAL BANK LTD Vs. FIRST ADDITIONAL PRESIDING OFFICER FIRST ADDITIONAL

JUDGEMENT

(1.) THE award of the Labour Court ordering reinstatement of the second respondent with 50 per cent back-wages is the subject matter of the writ petition. The second respondent was employed as a Manager in the petitioner-bank and according to the petitioner, while he was working as Manager he had committed certain misconducts such -

(2.) THE order of dismissal was the subject matter of a reference by the Government of Tamil Nadu to the Labour Court and the Labour Court by the award impugned held that the charge No. 1 of the charge memo dated March 4, 1977, and the charge No. 2 of the charge memo, dated April 16, 1983, were proved and as regards other charges, the Labour Court came to the conclusion that those charges were not proved. The Labour Court however in exercise of the powers under Section 11-A of the Industrial Disputes Act, 1947, directed the writ petitioner to reinstate the second respondent with continuity of service and 50 per cent back-wages for the period of non-employment The award of the Labour Court is the subject matter of the present writ petition.

(3.) DURING the pendency of the writ petition, it is stated that a settlement was arrived at between the parties under Section 18 (1) of the Industrial Disputes Act whereby the second respondent was reinstated without back-wages and other attendant benefits and the second respondent was also promoted and posted as Assistant Executive Officer (Agri. Credit) of the petitioner-bank. It was also made clear that the settlement as well as the promotion of the second respondent would depend upon the outcome of the writ petition. The second respondent has not challenged that part of the award of the Labour Court which went against him.