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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dr.Justice A.D.MARIA CLETE, J
The Management Mohan – Appellant
Versus
The Presiding Officer – Respondent
JUDGMENT :
Heard.
2. The petitioner in W.P.No. 10595 of 2018 is the Management, challenging the award passed by the III Additional Labour Court, Chennai, in I.D. No. 408 of 2005 dated 01.11.2007. By the said award, the respondent workman was granted reinstatement with continuity of service, along with 50% back wages and other attendant benefits. The writ petition was admitted on 26.04.2018, and in W.M.P. No. 10562 of 2008, an interim stay was granted, subject to the condition that the Management deposits 50% of the award amount, failing which the stay would stand vacated.
3. Upon receiving notice, the respondent workman filed two miscellaneous petitions: W.M.P. No. 30605 of 2018 to vacate the stay granted on 06.04.2010 and W.M.P. No. 30609 of 2018 seeking payment of monthly wages under Section 17B of the Industrial Disputes Act. These petitions were disposed of by a common order dated 02.04.2019, wherein this Court directed the payment of monthly wages under Section 17B from January 2019 until the disposal of the writ petition. Also, the Management was ordered to deposit the amount covered by the award with the Labour Court, which in turn was directed deposit the amount in a nationali
In cases of wrongful termination, reinstatement with continuity of service and full back wages is the standard ruling, subject to specific considerations.
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The court affirmed that a domestic enquiry must adhere to principles of natural justice, including the service of charge-sheets, and modified the award to grant only 50% back wages due to lack of evi....
workman has retired from the services and, therefore, whatever benefit is available to the workman, after her retirement, needs to be granted to her due to the order of reinstatement with continuity ....
Decision of the Labour Court in granting 20% back wages is in consonance with the facts and circumstances of the case as well as it is legally sustainable. Therefore, the impugned award passed by the....
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