S.MANIKUMAR, M.DHANDAPANI
Management of Tamilnadu State Transport Corporation – Appellant
Versus
Presiding Officer, Labour Court – Respondent
S. MANIKUMAR, J.
1. V. Balakrishnan, driver (since deceased), filed I.D.No.76 of 1994 on the file of the Labour Court, Tiruchirapalli, to set aside his termination dated 08.12.1992. Termination was for unauthorised absence. Going through the material on record, Labour Court, Tiruchirapalli ordered reinstatement in service, without back wages.
2. Being aggrieved, Management of Tamil Nadu State Transport Corporation, Kumbakonam Division II Limited, Tiruchirappalli, has filed W.P.No.13436 of 1998. After hearing the learned counsel appearing for the parties, he was restored to duty, but not paid wages, on par with his contemporary, treated as a fresh entrant. Writ Court, at paragraph No.18 in W.P.No.13436 of 1998 dated 08.04.2008, ordered, as hereunder.
“18. The workman cannot be treated as a fresh entrant and he is entitled for all the increments and allowances, arising out of various wage settlement. The management is hereby directed to compute the wages in terms of the wage settlement between the trade unions and the management together with increments and pay the arrears within a period of two months from the date of receipt of a copy of this order.”
3. Being aggrieved by the
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