LAWS(MAD)-2010-3-28

TAMIL NADU STATE TRANSPORT CORPORATION Vs. PRESIDING OFFICER LABOUR COURT VELLORE

Decided On March 12, 2010
TAMIL NADU STATE TRANSPORT CORPORATION (VILLUPURAM - DIVISION II) LTD., REP. BY ITS GENERAL MANAGER, VELLORE Appellant
V/S
PRESIDING OFFICER, LABOUR COURT, VELLORE Respondents

JUDGEMENT

(1.) Heard the learned Counsel for both the parties. The petitioner is a State owned Transport Corporation. Aggrieved by the Award passed by the first respondent Labour Court, Vellore in I.D. No. 25 of 1996, dated 25.9.2000, the present writ petition has been filed by the Transport Corporation.

(2.) By the impugned Award, the Labour Court granted the relief as prayed for by the second respondent - workman together with costs of Rs. 4000/-. The second respondent in his claim statement had prayed for reinstatement with backwages and all other attendant benefits. The prayer of the second respondent was granted by the impugned Award. The writ petition was admitted on 26.4.2001. Even before filing the writ petition, the Corporation reinstated the workman on 05.2.2001. The order reinstating the workman states that the reinstatement was done as a fresh entrant from the date of joining and without prejudice to the rights of the management to challenge the Award. It is now stated that the second respondent is working in the Corporation even till date. This Court granted an interim stay at the time of admission of the writ petition. Subsequently, the workman filed two applications, one for vacating the stay and the second for a direction to pay the wages on par with his colleagues/juniors from the date of his reinstatement. By a common order, dated 27.11.2001, this Court held that while the workman is entitled to get wages paid on par with other workmen, his request to vacate the stay cannot be granted. Hence, the stay was made absolute.

(3.) The brief facts leading to this case are as follows: