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Judgment
(Judgment of the Court was delivered by C.V.KARTHIKEYAN, J)
The writ appeal had been filed questioning the order of the learned Single Judge dismissing WP(MD) No.23557 of 2015 by order dated 16.02.2023. That writ petition was filed by the appellant questioning an order of the labour Court at Trichy in ID No.83 of 2007 dated 17.12.2013 and to set aside the same. It shoud also be noted that on behalf of the workman, WP(MD) No.2353 of 2017 had been filed questioning a portion of the award of the Labour Court in the aforementioned ID No.83 of 2007. Both the writ petitions were taken up together and by common order dated 16.02.2023, WP(MD) No.23557 of 2015 was dismissed and WP(MD) No. 2353 of 2017 was allowed.
The facts are that one Mr.S.Panneerselvam was working as a Driver in the appellant Corporation. He was visited with a charge memo for unauthorized absence. Disciplinary proceedings were initiated and he was dismissed from service. Questioning such dismissal, he had approached the Labour Court by raising an Industrial Dispute in ID No.83 of 2007. The Labour Court at Tiruchirappalli had set aside the order of dismissal and modified the punishment under Section 11A of the Industrial Disputes Act, 1947 to one of increment cut for five years without cumulative effect and had granted 25% backwages. Both the management and the workman filed writ petitions before the learned Single Judge.
The learned Single Judge had confirmed the award of the labour Court. The learned Judge was of the opinion that during the pendency of the writ petitions, the workman had died and the legal representatives have been brought on record, the award of the labour court does not warrant any interference and therefore, confirmed the same.
The main grievance of the appellant is the further direction given that they should pay the terminal benefits for the period from 2003 to 2007, which was the period he was dismissed from service, till the date of the award of the Labour court. We would confirm the order of the learned Single Judge confirming the award of the Labour Court, but, however, we modify the further direction issued by stating that the appellant herein may give a calculation sheet of the terminal benefits to which the legal heirs of the workman are entitled and the legal heirs may examine the same and if they have any objections raise those objections. The appellant should give the calculation sheet of the terminal benefits payable payable on or before 30.10.2026 and thereafter, the respondents may, if require, raise objections and if objections are raised, the same should be answered and an order should be passed within a further period of three weeks from the date of receipt of the said objection.
Observing as above, the writ appeal stands disposed of. No costs. Consequently connected Miscellaneous Petition is closed.