The Management of Pentasia Chemicals Limited v. The Presiding Officer, Labour Court, Cuddalore & Another
2006-08-23
P.SATHASIVAM, S.MANIKUMAR
body2006
DigiLaw.ai
Judgment :- (Writ appeal filed under Clause 15 of the Letters Patent against the order dated 20.07.2005 made in WPMP No.25254 of 2005 in WP.No.23155 of 2005.) P. Sathasivam, J. By consent of both parties, the writ appeal itself is taken up for disposal. 2. The Management of Pentasia Chemicals Limited, Cuddalore, aggrieved by the order dated 20.07.2005 passed in WPMP 25254 of 2005 in W.P.No.23155 of 2005, has filed the above appeal and obtained an order of stay on 10.08.2005. The appellant-Management, questioning the award in I.D.No.81/1994 on the file of the Labour Court, Cuddalore, has filed W.P.No.23155 of 2005 and prayed for stay of operation of the said award. The learned single Judge, by an order dated 20.07.2005 while granting interim stay, imposed a condition that the petitioner-Management shall deposit the entire backwages as awarded by the Labour Court, Cuddalore, to the credit of I.D.No.81/1994 within a period of six weeks from the said date. In the same order, the learned single Judge observed that failing compliance of the condition imposed within the time stipulated, the interim order shall stand vacated automatically. Questioning the said order, the appellant-Management has filed the present appeal. 3. Heard the learned counsel for the appellant as well as the contesting second respondent. 4. The only ground urged before us by the learned counsel appearing for the appellant-Management is that though the Industrial Dispute was raised in the year 1994, the award came to be passed only on 13.04.2005. According to him, in view of the delay in disposal of the industrial dispute, the Management cannot be penalised. By contending so, the learned counsel seeks modification of the order of the learned single Judge dated 20.07.2005. 5. During the course of argument, the learned counsel for the appellant-Management has submitted that the appellant is willing to deposit 50% of the back wages as awarded by the Labour Court. We are unable to accept the same and as rightly pointed out, we are of the view that the second respondent-workmen is also not responsible for the delay in disposal of the ID.No.81/1994. It is not in dispute that though the Labour Court has passed an award in 2005, granting the relief of reinstatement and back wages, admittedly, the workmen concerned were not reinstated.
It is not in dispute that though the Labour Court has passed an award in 2005, granting the relief of reinstatement and back wages, admittedly, the workmen concerned were not reinstated. As far as back wages are concerned, the learned single Judge has rightly directed the Management to deposit the entire amount as awarded by the Labour Court. 6. It is also brought to our notice that the second respondent has not obtained any order under Section 17-B of the Industrial Disputes Act. Though the learned counsel for the Sangam represented that a petition has been filed and the same is pending before the learned single Judge, taking note of all these things and of the fact that the learned single Judge has exercised his discretion while granting stay by directing the Management to deposit entire back wages only, we are of the view that there is no justification for interference. We are not even inclined to accept the offer of the learned counsel for the appellant for depositing 50% of the back wages. In the absence of any direction in the petition filed under Section 17-B of the Act, we are of the view that for survival of the workmen, necessary amount has to be paid to them. Accordingly, the appellant-Management is granted six weeks time from today for deposit of entire back wages, as directed by the learned single Judge. On such deposit being made, the second respondent-Sangam is permitted to withdraw 50% of the deposited amount without furnishing security. The Labour Court, Cuddalore, is directed to invest the balance amount in a Nationalised Bank initially for a period of two years and renewable thereafter till the disposal of the writ petition under reinvestment scheme. 7. The writ appeal is dismissed with the above direction. No costs. Consequently, WAMP Nos.853/2006 and 2875/2005 are also dismissed.