This court modified the back wages awarded to the legal heirs of a deceased employee by reliefs, directing the payment of pension, gratuity, and family pension instead, considering the waiver of back wages by the respondents.
Payment of pension from superannuation to death, gratuity with interest, and family pension to the legal heirs.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 26.07.2021
CORAM:
THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN
W.P.No.13433 of 2018 and WMP.No.15828 of 2018
The Management, Metropolitan Transport Corporation (Chennai) Ltd., Pallavan Illam, Anna Salai, Chennai- 600 002. ...Petitioner -vs-
(Respondents 2 to 4 are LR's of the deceased C.G.Bakthavachalam) ...Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Certiorari, to call for the records pertaining to the order passed in I.D.No.641 of 2005 dated 14.02.2018 on the file of the first respondent herein and quash the same.
For Petitioner : Mr.M.Chidambaram For Respondents: Mr.V.Ajay Khose (R2 to R4)
The petitioner has come forward with the present writ petition, challenging the order of the first respondent in I.D.No.641 of 2005 dated 14.02.2018, by which the First Respondent/Labour Court set aside the termination order of the deceased employee Mr.C.G.Bakthavatchalam dated 02.03.2002 and directed the Petitioner-Corporation to pay 25% of the back wages and all other eligible attendant benefits to the deceased employee based on his continuous service from the date of his
dismissal till the date of his superannuation and also his retirement benefits, to the legal representatives of the deceased employee.
issued calling for explanation and thereafter, detailed domestic enquiry was conducted, in which the deceased employee admitted that he committed misconduct and found guilty of the charges and only thereafter dismissal order was passed.
(i) Pension amount payable to the deceased employee from the date of Superannuation till the date of his death.
(ii) Gratuity with interest @ 10% per annum, if not paid already.
(iii) Family pension amount due to the wife of the deceased employee Mrs. Gowri, from the date of the deceased employee till her death.
The said benefits shall be extended by the PetitionerCorporation to the legal heirs of the deceased employee/respondents 3 and 4, within a period of three months from the date of receipt of a copy of this order.
This Writ Petition is disposed of accordingly. No costs. Consequently, connected Miscellaneous Petition is closed.
s/d-
Assistant Registrar
True Copy
Sub-Assistant Registrar
arr To
The Presiding Officer, III Additional Labour Court, City Civil Court Annexure Building, High Court Compound, Chennai- 600 104.
+1 CC to Mr.M.Chidambaram, Advocate sr 35759 +1 CC to Mr.V.Ajay Khose, Advocate sr 35706.
W.P.No.13433 of 2018
PL(CO) SP(18/10/2021)
3 issues framed by the court
Whether the High Court should modify the relief of back wages awarded by the Labour Court when legal heirs consent to waive them.
Whether the surviving legal heirs are entitled to family pension and gratuity relief given the death of the employee and his spouse.
How to recalibrate the employer's liability when the employee is re-instated to deemed service status posthumously.
1 provisions across 1 enactments
The Management, Metropolitan Transport Corporation (Chennai) Ltd.
The Presiding Officer, III Additional Labour Court
Mrs. B. Gowri
B. Maheswari
B. Vijaya Kumar
S. Vaidyanathan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
