T. Sammaiah, E-343092, Conductor, v. Industrial Tribunal-Cum-Labour And Another

HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI W.P.No.7129 OF 2005

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.34 of 1998 on the file of the 1st respondent-Labour Court and quash the award dated 15.02.2001 passed therein, holding it as illegal and arbitrary.

Heard learned counsel appearing for the petitioner and learned Standing Counsel appearing for the 2nd respondent. 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 2nd 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 award is confirmed. No costs. Miscellaneous petitions, if any, pending shall stand closed.

________________________________ JUSTICE ABHINAND KUMAR SHAVILI 19th December, 2018 cbs

HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI W.P.No.7129 OF 2005 (disposed of) 19th December, 2018 cbs