P.Jayakumar (I.D.No.332/ 2001) v. The Presiding Officer,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19.07.2021
CORAM:
THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN W.P.No.43799 of 2016 and W.M.P.No.37610 of 2016 P.Jayakumar ... Petitioner -vs1.The Presiding Officer, The Central Government Industrial Tribunal-Cum-Labour Court, 1st Floor, B-Wing, 26, Haddows Road, Shastri Bhawan, Chennai-600 006.
2.Union Of India, Rep By Its Secretary To Government, Ministry Of Defense, New Delhi.
3.Union Of India, Rep By Its Engineer- In- Chief Military Engineering Service, New Delhi-110 011.
4.The Chief Engineer- Command Southern Command, Pune Pin - 411 001.
5.The Chief Engineer- Zone, Station Road, Visakhapattanam - 411 001.
6.The Commanding Officer, Naval Air Station, Ins Rajali, Arakkonam- 631 002.
7.Commander Work Engineer, Se, (NAVY), Military Engineering Service, Fort Saint George, Chennai- 600 009.
8.The Garrison Engineer, Ins Rajaji, Arakkonam- 631 002 ... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, to call for the records pertaining to the award passed by the 1st respondent in I.D.No.332 of 2001 as early as 26th April, 2016 and award / notification on the 21st June, 2016 in particular the declining of the backwages in Para 16 of the award that "I am not inclined to grant the relief of back wages to the petitioners considering the circumstances", quash the particular portion of the award of no backwages to the petitioner and consequently, direct the respondent employer or the Management of the Military Engineering Service to pay to the petitioner the entire back wages from the date of termination on 02.02.
2000 to the date of the reinstatement as per the award dated 26.04.2016 of the 1st respondent and with interest @ 12% p.a. from the date of termination till the date of reinstatement filed by the Petitioner and allow the present Writ Petition filed by the Petitioner in the given facts and circumstances of the case.
For Petitioner : Mr.Balan Haridas For R2 to R8 : Mr.J.Madana Gopal Rao
O R D E R
When the matter is taken up for hearing, it is represented by the parties that this Court has already passed an order in W.P.Nos.30888 and 30889 of 2016 dated 18.09.2017 in respect of claims made under the provisions of Industrial Disputes Act, including the one involved in this case.
2. In view of the above submissions, in my view, no further orders are required to be passed in this petition. Hence, this Writ Petition is closed. No costs. Consequently, connected miscellaneous petition is closed.
Sd/- Assistant Registrar (CS-IX) // True Copy // Sub Assistant Registrar ar To 1.The Presiding Officer, The Central Government Industrial Tribunal-Cum-Labour Court, 1st Floor, B-Wing, 26, Haddows Road, Shastri Bhawan, Chennai-600 006.
2.Union Of India, Rep By Its Secretary To Government, Ministry Of Defense, New Delhi.
3.Union Of India, Rep By Its Engineer- In- Chief Military Engineering Service, New Delhi-110 011.
4.The Chief Engineer- Command Southern Command, Pune Pin - 411 001.
5.The Chief Engineer- Zone, Station Road, Visakhapattanam - 411 001.
W.P.No.43799 of 2016 VG II(CO) B.VC (20/10/2021)