The Management vs A.Mohan
2023 Latest Caselaw 8440 Mad

                                                                1/4                         W.A.No.1375/2021


                                    IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                     DATED :: 17-07-2023

                                                               CORAM

                                    THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN

                                                                AND

                                      THE HONOURABLE MR.JUSTICE K.RAJASEKAR

                                                     W.A.No.1375 of 2021

            The Management,
            Tamil Nadu State Transport Corporation
            (Madurai Cottam-3) Limited,
            rep.by its Managing Director,
            Nesamani Nagar,
            Ranithottam, Nagercoil,
            Kanyakumari District.              ...                         Appellant

                                                         -vs-

            1.A.Mohan

            2.The Presiding Officer,
              Labour Court,
              Tirunelveli.                               ...               Respondents

                                  Appeal is filed under Clause 15 of the Letters Patent against the order,
            dated 23.04.2019, passed in W.P.No.25637 of 2003 on the file of this Court.
                                       For Appellant : Mr.Ramanlal,
                                                       Addl.Advocate General,
                                                       assisted by Mr.C.Gouthamaraj.

                                       For Respondent 1 : Mrs.Meenakshi for Mr.K.Suresh


https://www.mhc.tn.gov.in/judis
                                                               2/4                             W.A.No.1375/2021


                                                         JUDGMENT

(By S.Vaidyanathan,J.)

Pursuant to the orders of this Court, dated 12.07.2023, Managing Director

of the appellant Corporation has appeared before the Court through online and

submitted two options, they being one as to the payment of 50% of back-wages from

1994 to 2009 and the other to pay full wages from the date of Award till the date of

reinstatement in the year 2009.

2. Taking note of the submission of the Managing Director, the order of the

learned single Judge is modified into one of full wages from the date of Award till the

date of reinstatement. First respondent - employee would not be entitled to back-wages

from the date of dismissal till the date of Award. Though normal rule is to grant 100%

back-wages on reinstatement, Courts have drawn exception that back-wages are not

automatic.

3. It is represented by Mrs.Meenakshi, learned counsel appearing for the

respondent employee, that the employee has been reinstated, has attained

superannuation and been drawing pension. However, according to her, continuity of

service has not been granted.

https://www.mhc.tn.gov.in/judis 3/4 W.A.No.1375/2021

4. Mr.C.Gouthamaraj, learned counsel for the appellant Corporation, would

submit that the employee has been extended the benefit of continuity of service and now

drawing pension.

5. As the question of reinstatement is not in dispute and that continuity of

service alone is in dispute, if continuity of service is not granted, the employee would be

entitled to the same as if there is no order of dismissal in the eye of law. Back-wages for

the period from the date of dismissal till the date of reinstatement alone are deprived. We

reiterate that the employee shall be given continuity of service by taking into account the

entire service as a notional one and, if continuity of service is not given, back-wages

shall be paid from the date of Award till the date of superannuation and subsequent

revision carried out for higher pension.

6. Writ Appeal is disposed of accordingly. No costs. Consequently, the

connected C.M.P.No.8587 of 2021 is closed.

            Index : Yes/No                                                      (S.V.N.,J.)     (K.R.S.,J.)
            Internet : Yes/No                                                          17-07-2023
            dixit


            To
            The Presiding Officer,
            Labour Court,
            Tirunelveli.



https://www.mhc.tn.gov.in/judis
                                  4/4                         W.A.No.1375/2021


                                         S.VAIDYANATHAN,J.
                                         AND
                                         K.RAJASEKAR,J.



                                                                        dixit




                                        W.A.No.1375 of 2021




                                             17-07-2023




https://www.mhc.tn.gov.in/judis