- (1.) THE Writ Petitioner/Claim Petitioner has filed this Writ Petition praying for an issuance of Writ of Certiorarified Mandamus in calling for the records of the Second Respondent pertaining to the order dated 23.2.2004 made in Claim Petition No.297 of 2000 denying the claim so made and to quash the same and further to direct the First Respondent to calculate and pay the arrears of salary and other allowances as per the claim made in C.P.No.297 of 2000 along with interest.
(2.) THE Principal Labour Court, while passing orders in Claim Petition No.297 of 2000 on 23.2.2004, has, inter alia, observed that 'THE Petitioner has not adduced any satisfactory and acceptable evidence for the claim amount of Rs. 7,35,222.10. Since the Respondent has admitted in para 14 of the counter that the Petitioner is entitled to a sum of Rs. 3,25,328.07. I hold that the petitioner is entitled to a sum of Rs. 3,25,328.07 and consequently, computed the money value of the benefits due to the petitioner at Rs. 3,25,328.07p.' The short summation of the Petitioner's case: The Petitioner was employed as a Store Clerk Mechanic in the First Respondent/Construction Company. The Petitioner and others by means of an order dated 17.3.1973 were terminated from services on 20.3.1973 by the First Respondent by an illegal order. This culminated in a reference being made by the Government to the Principal Labour Court, Chennai in I.D.No.45 of 1975. By an Award dated 28.3.1990, the Principal Labour Court held that the termination was an illegal one. The Principal Labour Court held that the Writ Petitioner is entitled to the backwages from the date of illegal termination i.e. 20.3.1973 till date of order i.e. 28.3.1990. Inasmuch as the amount due was not determined, the Petitioner was directed to file a claim petition. The Petitioner was drawing a salary of Rs.365/- per month. As his termination was found to be an illegal one, he was deemed to be in service without any interruption till the date of an Award and as such, he is entitled to the benefits of the salary of respective categories made from time to time till 28.3.1990 with interest.
(3.) THE Petitioner, pending the Claim Petition, filed a Writ Petition No. 15434 of 1990 before this Court questioning the Award dated 28.3.1990 on the basis that the Principal Labour Court committed an error in denying his reinstatement into service. THE said Writ Petition was allowed by this Court on 11.9.1996. This Court modified the impugned award directing the reinstatement of the Petitioner into service of Management with all consequential benefits. In regard to the backwages, the contentions of the parties are left open to be raised before the Principal Labour Court in Claim Petition No.806 of 1990. In Claim Petition No.806 of 1990, the Principal Labour Court passed an order in regard to the backwages. THE Principal Labour Court passed an order directing the Management to pay an amount of Rs. 1,37,185.90p to the Petitioner for the period from 23.3.1973 to 28.3.1990, which does not include any allowance as per the terms of the Memorandum of Settlement. Since the Petitioner is entitled to backwages till the date of reinstatement into service as per order of this Court dated 11.9.1996 in W.P. No. 15434 of 1990, he is entitled to an amount of Rs. 7,35,222.21p. According to the Petitioner, he is entitled to the monetary benefits being the backwages and other benefits payable to him from 28.3.1990 till the date of his reinstatement into service of the Management. On 17.11.1999, at the values in accordance with the agreement dated 5.9.1994. As per the agreement, the basic salary is Rs. 2,445/- and the D.A. payable is Rs. 2,479.70p, amounting in all to Rs. 4,924.70p. The House Rent Allowance is 30% while the Medical Allowance is Rs. 500/- per annum. The Leave Travel Allowance is Rs. 3,600/- per annum.;