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M. S. RAMESH, C. KUMARAPPAN
Management, Tamilnadu State Transport Corporation (Kumbakonam) Ltd. – Appellant
Versus
R. Ramalingam – Respondent
JUDGMENT :
M.S.RAMESH, J.
PRAYER: Writ Appeal filed under Clause 15 of the Letters Patent Act, praying to allow the Writ Appeal and set aside the order dated 02.03.2023 passed by this Court in W.P.No.38358 of 2015.
While the first respondent herein was serving as a Driver in the petitioner/Corporation, he was dismissed from service on 28.10.1992. When he had challenged the order of dismissal before the Labour Court, the order was set aside and the Management was directed to reinstate the first respondent/workman.
1.2. When the Management had challenged the award of the Labour Court in a Writ Petition in WP.No.16412 of 1997, this Court had dismissed the Writ Petition on 20.04.2004 and thus, the award of the Labour Court had become final.
1.3. In this background, the first respondent had voluntarily retired on 06.05.2004. However, the backwages and other monetary benefits were not fully paid, which had prompted him to file a Claim Petition in C.P.No.9 of 2006 under Section 33(c)(2) of the Industrial Disputes Act, 1947, before the Labour Court and the same was allowed on 20.11.2013 and the Labour Court had computed the dues payable to the first respondent/workman at Rs.6,08,935/-. While th
The court affirmed the finality of Labour Court decisions in employment disputes and emphasized the need for substantiated claims regarding undertakings.
The appointing authority has discretion in imposing punishment, and courts should interfere only in rare and appropriate cases.
The appointing authority has discretion in imposing punishment, but the court may interfere if the punishment is disproportionate to the charges, and may modify the punishment or remit the case to th....
Desertion of Service – Wages – Entitlement of - respondent is entitled to the award from the date of Industrial Dispute, which was confirmed in the Writ Petition.
Termination deemed illegal due to management's failure to prove salary payment, leading to workman's entitlement for compensation under Section 25F of Industrial Disputes Act.
The main legal point established in the judgment is the scope of interference by a Writ Court in exercise of its power of judicial review, the applicability of the principles of res judicata, and the....
The main legal point established in the judgment is the entitlement of an employee to claim wages for the period between dismissal and reinstatement, as per the provisions of the Industrial Disputes ....
Failure to obtain approval under Section 33 (2)(b) of the Industrial Disputes Act before dismissing an employee renders the dismissal order illegal and void, entitling the employee to back wages.
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