1.THE Executive Engineer,Irrig v. 1.THE Presiding Officer
Case brief
What is this about?
High Court of Madras modified a Labour Court award in a dispute over the termination of a casual labourer. The Court ordered reinstatement but denied backwages to avoid inequality with interim payments, allowing resumed disciplinary proceedings.
What did the court decide?
Modified Labour Court award to order reinstatement without backwages; retain continuity of service; allow further disciplinary proceedings.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATE : 13.04.2018
CORAM
THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU
W.P. No.35382 of 2003, W.P.M.P. No.16954 of 2006, W.P.M.P. No.11328 of 2004 and W.P.M.P. No.186 of 2014
1.The Executive Engineer, Irrigation and Public Health, Public Works Department, Karaikal. 2.The Assistant Engineer, Medium Irrigation (North), Public Works Department, Karaikal. 3.The Assistant Engineer, Medium Irrigation (South), Public Works Department, Karaikal . ... Petitioners Vs. 1.The Presiding Officer, Labour Court, Karaikal. 2.C.Balakrishnan ... Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus to call for the records from the file of First Respondent in I.D.7/2001 wherein the impugned order dated 28.10.2002 was passed and quash the same and permit continuance of disciplinary enquiry as against the Second Respondent on the basis of the alleged misconduct as per law.
For Petitioner : Mr.J.Kumaresan Government Advocate (Pondicherry) For Respondent : Court (For R1) M.Gnanasekar (For R2)
Issues for consideration
2 issues framed by the court
Whether the impugned Labour Court award directing reinstatement with backwages due to procedural violation should be modified considering the parties' settlement regarding backwages.
Whether casual labourers are entitled to reinstatement if termination was not in accordance with the provisions of the relevant scheme and Industrial Disputes Act.
Parties & counsel
- petitioner
The Executive Engineer, Irrigation and Public Health, Public Works Department, Karaikal
- petitioner
The Assistant Engineer, Medium Irrigation (North), Public Works Department, Karaikal
- petitioner
The Assistant Engineer, Medium Irrigation (South), Public Works Department, Karaikal
- respondent
The Presiding Officer, Labour Court, Karaikal
- respondent
C. Balakrishnan
Case details
As recorded by the court registry
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