The Management, v. R.S.Kumaravel,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.04.2022
CORAM
THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.No.29588 of 2014 and M.P.No.1 of 2014 The Management The Sholinghur Cooperative Urban Bank C-98, Rep by its Managing Director, No.50, Sannadhi Street, Sholinghur - 631 102 Vellore District.
...Petitioner
Vs.
1.R.S.Kumaravel 2.The Presiding Officer, Additional Labour Court, Vellore.
...Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorari, to call for the records relating to the passing of the award in I.D.No.1 of 2013 dated 02.08.2014 on the file of the Additional Labour Court, Vellore, and quash the same. For Petitioner :
Mr.L.P.Shanmugasundaram For Respondents :
Mr.S.N.Ravichanran [for R1] R2 - Court
ORDER
The first respondent's dismissal from service was challenged under Section 2A of the Industrial Disputes Act, 1947 in I.D.No.1 of 2013 before the Additional Labour Court, Vellore and by an Award dated 02.08.2014, the Labour Court had ordered for reinstatement of the first respondent, together with continuity of service and other attendant benefits. Insofar as the back wages is concerned, the Labour Court had restricted the back wages from the date of filing of the first respondent's Claim Petition. The petitioner/management has challenged the Award in the present Writ Petition.
2. Pending the Writ Petition, the petitioner as well as the first respondent herein, have amicably resolved the https://hcservices.ecourts.gov.in/hcservices/
dispute among themselves by which, the petitioner/Management had offered to reinstate the first respondent into service on the condition that he foregoes the Award of back wages from the date of the Claim Petition. The first respondent has also agreed to such a proposition.
3. In the light of the mutual settlement arrived between the petitioner and the first respondent herein, the impugned Award of the Labour Court dated 02.08.2014 insofar as the orders for reinstatement, continuity of service and other attendant benefits are concerned, is confirmed. Insofar as the Award for payment of back wages from the date of Claim Petition is concerned, the same stands set aside.
4. The Writ Petition stands ordered accordingly. No costs. Connected miscellaneous petition is closed. Sd/- Assistant Registrar (CS-VI) //True Copy// Sub Assistant Registrar Sni To The Presiding Officer, Additional Labour Court, Vellore.
W.P.No.29588 of 2014 SSN (CO) PR (24/05/2022) https://hcservices.ecourts.gov.in/hcservices/