Madras High Court
The Management vs K.Chandran on 18 February, 2021
W.A.(MD)No.111 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 18.02.2021
CORAM:
THE HONOURABLE MR.JUSTICE M.M.SUNDRESH
AND
THE HONOURABLE MRS.JUSTICE S.ANANTHI
W.A.(MD)No.111 of 2020
and
C.M.P.(MD)No.976 of 2020
1.The Management,
Tamil Nadu Forest Plantation Corporation Limited,
Karur Main Road, Mallachipuram,
Kambarasampettai,
Trichy – 620 101.
2.The Managing Director,
Tamil Nadu Forest Plantation Corporation Limited,
Karur Main Road, Mallachipuram,
Kambarasampettai,
Trichy – 620 101. : Appellants
Vs.
1.K.Chandran
2.The Presiding Officer,
Labour Court,
Cuddalore. : Respondents
PRAYER: Writ Appeal filed under Clause 15 of the Letters Patent as against the
order dated 03.03.2017 made in W.P.(MD)No.1114 of 2010.
1/5
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W.A.(MD)No.111 of 2020
For Appellants : Mr.D.Muruganantham
For Respondents : Mr.M.Jerin Mathew
for R.1
*****
JUDGMENT
(Judgment of the Court was delivered by M.M.SUNDRESH, J.)
The first respondent / writ petitioner raised a dispute before the Labour
Court against his dismissal. The Labour Court passed an award of reinstatement
without backwages, however, with continuity of service. Challenging the same,
the first respondent filed the writ petition and the learned Single Judge has
allowed the writ petition, directing the appellants to grant backwages from the date
of dismissal / termination. Aggrieved over the same, the appellants have preferred
the instant appeal.
2. The learned Counsel appearing for the appellants submitted that payment
of backwages is not a matter of right. The learned Single Judge has committed an
error in awarding backwages for the period from the date of termination to the date
of writ petitioner's reinstatement, without taking note of the fact that it is the writ
petitioner, who is responsible for the delay.
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W.A.(MD)No.111 of 2020
3. The learned Counsel appearing for the first respondent / writ petitioner
submitted that he was pursuing the remedy before this Court. The writ petitioner
rejoined the employment immediately after the award of the Labour Court. He
further submitted that the fact that the writ petition was filed in the year 2010 will
not take away his right, at least to the extent of giving effect to the award, which
has not been challenged by the appellants.
4. Heard the learned Counsel appearing for the respective parties and
perused the records.
5. The payment of backwages is not a matter of right. In the case on hand,
for the reasons best known to the writ petitioner, he approached a different forum
and thereafter, filed the Industrial Dispute in the year 1996. Therefore, he is not
entitled in law for payment of backwages from the date of termination till the date
of filing of the Industrial Dispute before the Labour Court. The Labour Court, on
merits, set aside the termination order, which has not been challenged by the
appellants.
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W.A.(MD)No.111 of 2020
6. Under such circumstances, we are of the view that though the writ
petitioner is not entitled for backwages from the date of termination, he is certainly
entitled for the same from the date of raising of the dispute, by filing the Industrial
Dispute. The fact that the writ petition has approached this Court very belatedly, in
the year 2010, cannot be put against him, as he attained the age of superannuation
as early as in the year 2004.
7. In such view of the matter, the order passed by the learned Single Judge
dated 03.03.2017 is modified to the effect that the first respondent / writ petitioner
is entitled for backwages from the date of filing of the Industrial Dispute till the
date of his rejoining. The appellants will have to recompute the entitlement,
accordingly and disburse the same to the writ petitioner within a period of twelve
weeks from the date of receipt of a copy of this judgment.
8. In fine, this writ appeal stands ordered in the above terms. No costs.
Consequently, connected miscellaneous petition is closed.
Index : Yes / No [M.M.S.,J.] [S.A.I.,J.]
Internet : Yes 18.02.2021
gk
http://www.judis.nic.in
W.A.(MD)No.111 of 2020
M.M.SUNDRESH, J.
AND
S.ANANTHI, J.
gk
W.A.(MD)No.111 of 2020
18.02.2021
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