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THE HIGH COURT OF JUDICATURE AT MADRAS
R.SUBRAMANIAN, G.ARUL MURUGAN, JJ
Chennai Container Terminal Pvt. Ltd – Appellant
Versus
Presiding Officer, Central Government Industrial Tribunal cum Labour Court – Respondent
JUDGMENT :
G.ARUL MURUGAN, J.
This intra Court appeal is filed against the order dated 26.09.2023 in W.P.No.3269 of 2017, whereby award of the labour court in respect of reinstatement of workman with continuity of service and back wages came to be confirmed.
Short facts to be noted in the appeal are as follows;
2. The appellant-private limited company is engaged in the business of container terminal handling work and took over the container handling operations of the Chennai Port Trust. The respondents 2 to 8 workmen had joined in the service with the appellant as Checker in December 2001. In May 2005, there had been a strike and in order to weaken the collective bargaining power, the appellant gave name sake promotions to the workmen as Junior Officers on 01.06.2005. However, the workmen continued to carry on duties of Checker. To ventilate their grievances, they became members of Employees Union and on 14.02.2013 they placed a charter of demands and as the same was not acceded to, a strike notice came to be issued.
3. Further on 17.07.2013, the Union had furnished a list of members to the conciliation officer demanding payment and to protect the work condition of the workman pending c
Workmen must prove lack of gainful employment to claim back wages upon reinstatement; full back wages are not an automatic entitlement.
Point of law; Suspension of service - workman herein also contributed the events led to his dismissal. Further it could be gathered that the workman herein remained out of service and contributed not....
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