S.Savia v. The Honble Labour Court-Iii

HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI W.P.No.18706 OF 2002 ORDER:

This writ petition is filed seeking to issue a writ of certiorari calling for the records relating to and connected with I.D.No.132 of 1992 on the file of the 1st respondentLabour Court and quash the award dated 06.03.1993 passed therein insofar as denying continuity of service, attendant benefits and back wages.

Heard learned counsel appearing for the petitioner and learned Standing Counsel appearing for the 2nd and 3rd respondents.

Learned counsel appearing for the petitioner contends that while setting aside the order of removal, the Labour Court ought to have granted continuity of service for the purpose of terminal benefits without monetary benefits, but it denied the consequential reliefs; and that pursuant to the order of the Labour Court, the petitioner was reinstated into service and he had retired from service on attaining the age of superannuation.

Learned Standing Counsel appearing for the respondent-Corporation contends that the Labour Court has rightly passed the impugned order and no interference is called for from this Court.

Having considered the rival submissions made by the learned counsel on either side, this Court is of the considered view that the Labour Court ought to have granted continuity of service at least for the purpose of terminal benefits, without monetary benefits.

Accordingly, the Writ Petition is disposed of directing the respondent-Corporation to treat the reinstatement of the petitioner into service with continuity of service for the purpose of terminal benefits, without monetary benefits. In all other aspects, the rest of the order is confirmed. No costs. Miscellaneous petitions, if any, pending shall stand closed.

________________________________ JUSTICE ABHINAND KUMAR SHAVILI 13th December, 2018 cbs

HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI W.P.No.18706 OF 2002 (disposed of) 13th December, 2018 cbs