This High Court writ petition quashed and modified an Industrial Tribunal award. The Court reduced the compensation from Rs. 1 lakh to Rs. 75,000 for violation of Section 25-F and fixed a payment deadline.
Compensation reduced to Rs. 75,000 payable within two months without interest; interest to be restored if payment is delayed.
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 : 13.07.2021
CORAM :
THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN
W.P.No.8780 of 2015
vs.
Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of Certiorari, calling for the records in Award dated 24.12.2014 passed by the 2nd Respondent viz. the Central Government Industrial Tribunal cum Labour Court in I.D.No.62 of 2014, quash the same.
For Petitioners : Mr.J.Madhana Gopal Rao, Senior Central Govt. Standing Counsel
For 1st Respondent : Mr.R.Malaichami For 2nd Respondent : Court
This Writ Petition has been filed seeking to quash the Award dated 24.12.2014 passed by the 2nd Respondent viz. the Central Government Industrial Tribunal-cum-Labour Court in I.D.No.62 of 2014.
Respondent herein was ordered to carry out the duties of Gramin Dak Sevak and the same was approved by the Petitioner/Management. As the 1st Respondent's husband Jayapandian was promoted to the post of Postman on permanent basis w.e.f. 16.10.2009, the 1st Respondent was permitted to continue to work as Gramin Dak Sevak Mail Deliverer at Thaduthalankottai till 01.11.2012. However, it is the case of the Petitioner/Management that, the same is without permission and in any event, the 1st Respondent was employed only as a stopgap arrangement.
to the 1st Respondent herein within a period of two months from the date of receipt of a copy of this order, however, without payment of any interest.
not paid by the Petitioner/Management within the time stipulated, the rate of interest awarded by the Tribunal shall stand restored.
The Writ Petition is ordered accordingly. No costs. Consequently, connected M.P.No.1 of 2015 is closed.
-s/d-
Assistant Registrar(CS-IV)
True Copy
Sub-Assistant Registrar
(aeb)
To:
W.P.No.8780 of 2015
SSI(CO)
SP(18/08/2021)
3 issues framed by the court
Whether the compensation awarded by the Labour Court under Section 25-F of the Industrial Disputes Act, 1947 could be reduced to Rs. 75,000.
Whether the workman was entitled to reinstatement or only compensation.
Whether the postal department's recruitment procedure was followed.
3 provisions across 2 enactments
Superintendent of Post Offices, Ramanathapuram Division
Assistant Superintendent of Post Office, Paramakudi Sub-Division
J. Manimegalai
Central Government Industrial Tribunal-cumLabour Court, Chennai
S. Vaidyanathan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
