- (1.)The first writ petition (W.P.No.22452 of 2001) was filed by the Chief General manager, Chennai Telephones together with Divisional Engineer,Anna Road Telephone Exchange (hereinafter referred to as Management) against the Award passed by the second respondent Central Government Industrial Tribunal-cum-Labour Court (for short CGIT) in I.D.No.436 of 2001 dated 21.08.2001. By the said Award, the CGIT directed the Management to pay the first respondent/Workman a sum of Rs.1,50,000/- within three months failing which the amount to be paid with 12% interest per annum from the date of the Award till the date of payment. Though the workman initially moved the Central Administrative Tribunal in O.A.No.201 of 1995 however, the Tribunal dismissed the OA and directed the workman to have recourse to the provisions of the I.D.Act.
(2.)The first respondent/Workman raised a dispute regarding his non-employment before the Central Government Labour Department. On a failure report being sent to the Central Government, the Government of India, Ministry of Labour by the exercise of its power under Section 10(1)(d) of the Industrial Disputes Act, 1947 (for short I.D.Act) referred the industrial dispute vide order dated 09.07.1997 for adjudication by the Industrial Tribunal at Chennai. The reference order stated "Whether the Management of Madras Telephones, Madras -10 in terminating the service of the first respondent with effect from 23.02.95 was justified or not? If not, to what relief the workman was entitled to?".
(3.)On receipt of the said reference, the State Industrial Tribunal sent notices to the parties and took up the dispute as I.D.No.45/97. When the matter was pending, the Central Government constituted the CGIT and therefore, the matters were directed to be transferred to the second respondent/Tribunal. The second respondent/Tribunal on such transfer re-numbered the dispute as I.D.NO.436 of 2001.