P.B.BAJANTHRI, J. - (1.) In the instant writ petition, the petitioner has questioned the award passed by the Labour Court dated 1.12.2011 and sought for a direction to modify the same to the extent of granting full back wages (in lieu of reinstatement) on the basis of last salary drawn by him including provident fund, gratuity, leave encashment, pensionary benefits etc. along with interest.
(2.) The petitioner was appointed as a Field Sales Representative on 6.5.1992. It was stated that petitioner had resigned in the year 1994 and thereafter, insofar as resignation is concerned, there was amicable settlement between the petitioner and the respondent-company and once again, petitioner was appointed in the year 1994. Thereafter, during the period from 1994 to 2000, the petitioner is stated to have been transferredon six occasions. The latest transfer is dated 29.12.2000 from Sriganganagar to Tanjore (Tamil Nadu). Initially, the petitioner disobeyed the order of transfer subsequently, he has reported at Tanjore and submitted leave application on medical ground for about 50 days. The respondent company had not acted upon his leave application. After 50 days of leave, he has not reported back to duty at Tanjore, thus, the respondents have proceed to initiate disciplinary proceedings for remaining unauthorized absent as well as disobeying the posting at Tanjore which resulted in imposing the penalty of termination on 4.2.2003. Thus, the petitioner has raised industrial dispute. The Industrial Tribunal-cum-Labour Court while disposing the reference held that termination is illegal and inquiry is not in accordance with law, thus, proceeded to award a sum of Rs. 1,00,000/- as compensation. The petitioner is aggrieved by the award dated 1.12.2011. Hence, presented this petition.
(3.) Learned counsel for the petitioner submitted that when the Labour Court has held that order of termination as well as inquiry is illegal and awarding only compensation is not in accordance with law and it is not fair decision. Whereas, the petitioner should have been reinstated with continuity of service and back wages etc. It was further contended that compensation of Rs. 1,00,000/- is too meager. In support of enhancement of compensation of Rs. 5,00,000/- from Rs. 1,00,000/- he has cited decision of this Court passed in CWP No.4967 of 2011 dated 24.5.2013.;