The High Court of Madras closed the present writ petition and connected miscellaneous petition after it was submitted that the claims had already been decided in earlier orders. No costs were awarded.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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
-vs-
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 Military Engineering Service, Southern Command,Pune Pin - 411 001.
5.The Chief Engineer- Zone, Military Engineering Service, 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,
Military Engineering Service,
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
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 Military Engineering Service, Southern Command, Pune Pin - 411 001.5.The Chief Engineer- Zone, Military Engineering Service, Station Road, Visakhapattanam - 411 001.W.P.No.43799 of 2016
VG II(CO)
B.VC (20/10/2021)
P.Jayakumar
The Presiding Officer, The Central Government Industrial Tribunal-Cum-Labour Court
Union of India
S.Vaidyanathan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court