- (1.) THE above writ petitions are relating to the award of the Labour Court, Tirunelveli, dated 19.10.2001, in the industrial dispute filed before the Labour Court, Madurai, in I.D.No.629 of 1991, which was later transferred to the Labour Court, Tirunelveli, and re-numbered as I.D.No.510 of 1992.
(2.) SINCE all the writ petitions are relating to the common award of the Labour Court, Tirunelveli, dated 19.10.2001, arising under the same facts and circumstances, a common order is passed. The writ petition in W.P.No.24741 of 2002 has been filed by the Special Officer of Vellamadam Primary Agricultural Co-operative Bank Limited, Vellamadam, Kanyakumari District, challenging the award of the Labour Court, Tirunelveli, dated 19.10.2001, made in I.D.No.510 of 1992, on the ground that the said award, is illegal and void in so far as it directs the petitioner Bank to reinstate the employee with continuity of service. It has been contended on behalf of the petitioner bank that the services of the employee, A. Asraf, with the petitioner Bank had ceased to exist and therefore, the employer employee relationship between the petitioner Bank and A. Asraf had not continued. In spite of the fact that the employee had voluntarily left the services of the petitioner Bank and had joined in Nanthencode Primary Agricultural Co-operative Bank Limited, Marthandam, Kanyakumari District, the Labour Court had erroneously come to the conclusion that the petitioner Bank is liable to reinstate the employee with continuity of service from 26.10.90.
(3.) IT was also contended that the Labour Court had failed to consider the letter, dated 14.8.90, issued by the Special Officer, Nanthencode Primary Agricultural Co-operative Bank Limited, requesting the petitioner Bank to relieve the employee from its services, since he was employed as a Secretary of Nanthencode Primary Agricultural Co-operative Bank Limited,, from 16.8.90. Further, the Labour Court had failed to take note of the letter written by the employee, on 14.8.90, informing the Special officer of the petitioner Bank stating that since he was joining as the Secretary of Nanthencode Primary Agricultural Co-operative Bank Limited, he would not make any request for employment in the petitioner Bank, at a later date, under any circumstances. The said letter had been written to the petitioner Bank by the employee, voluntarily, and there was no coercion used against the employee to compel him to send the said letter. The employer-employee relationship had terminated after the employee, A. Asraf, had left the services of the petitioner Bank, from 15.8.90, and he had no lien on the petitioner Bank, in any manner. In such circumstances, the Labour Court had arrived at the wrong conclusion that the employer-employee relationship had not ceased to exist even after the employee had left the services petitioner Bank. Therefore, the award of the Labour Court, dated 19.10.2001, made in I.D.No.510 of 1992, is liable to be set aside. The writ petition in W.P.No.16888 of 2002, has been filed by the Special Officer, Nanthencode Primary Agricultural Co-operative Bank Limited, Marthandam, Kanyakumari District, challenging the award of the Labour Court, dated 19.10.2001, made in I.D.No.510 of 1992, in so far as it directs the management of the Nanthencode Primary Agricultural Co-operative Bank Limited, to pay to the employee, A.Asraf, 50% of the wages due to him based on his last drawn salary, for the period from 16.8.90 to 25.10.90, after deducting the amounts paid as salary, if any, until the management of Vellamadam Primary Agricultural Co-operative Bank Limited,, Vellamadam, Kanyakumari District, provides employment to the said employee.;