JUDGMENT (Prayer: Petition filed under Article 226 of the Constitution of India praying to issue Writ of Certiorari to call for the records relating to the order dated 11.04.2018 passed by the Labour Court, Salem in CP No.45 of 2014 and quash the same.) 1. This writ petition has been filed by the Management challenging the order of the Labour Court, Salem dated 11.04.2018 passed in CP No.45 of 2014. The brief facts leading to the filing of the writ petition is as follows: 2. The respondent is working with the petitioner's Transport Corporation as a Driver. He has caused a fatal accident on 22.04.1998. A Domestic Enquiry was conducted based on the said accident and the respondent was dismissed from service on 23.02.1999. The respondent raised an Industrial Dispute in ID No.286 of 1999 before the Labour Court, Salem and the same was ordered on 19.03.2003 directing the petitioner Management to reinstate the respondent without back wages, but with continuity of service and other relevant benefits. 3. The petitioner Transport Corporation filed a writ petition in WP No.33337 of 2004 before this Court against the order dated 19.03.2003 passed by Labour Court, Salem ordering for reinstatement. The respondent has also sought back wages by filing a writ petition in WP No.1629 of 2005 against the order dated 19.03.2003. 4. During the pendency of both the above referred writ petitions, the petitioner Transport Corporation reinstated the respondent into service by order dated 07.05.2005 and the petitioner was also paid the wage arrears under Section 17(b) of Tamil Nadu Civil Service (Discipline and Appeal) Rules for the period from 10.11.2004 to 07.05.2005 amounting to Rs.30,780.65 to the respondent. According to the petitioner Transport Corporation, the respondent was paid with his salary on 09.09.2010 in accordance with his seniority, length of service etc. and the difference of salary for the period from 08.05.2005 to 04.07.2005. The petitioner Transport Corporation has also deposited a sum of Rs.1,00,000/-(Rupees one lakhs only) to the credit of CP No.45/2014 before the Labour Court, Salem on 30.08.2017 without prejudice to the impugned award passed in CP No.45/2014. According to the petitioner, the balance amount payable by them to the respondent is Rs.1,76,818/- and out of which, they have already deposited a sum of Rs.1,00,000/- to the credit of CP No.45 of 2014 on the file of Labour Court, Salem. 5. According to the petitioner, the balance amount payable by them to the respondent is Rs.1,76,818/- and out of which, they have already deposited a sum of Rs.1,00,000/- to the credit of CP No.45 of 2014 on the file of Labour Court, Salem. 5. Both the writ petitions viz., WP Nos.1629 of 2005 and 33337 of 2004 were dismissed by a common order dated 30.10.2009. According to the petitioner. The respondent retired from service on 07.08.2010 and according to the petitioner, all the benefits have been paid to the respondent in full. 6. According to the petitioner, the respondent has filed a false statement of account giving details of the amount due to him before the Labour Court, Salem and based on the same, arbitrarily and illegally, the Labour Court, Salem has passed the impugned order on 11.04.2018 directing the petitioner Transport Corporation to pay a sum of Rs.4,53,600/-(Rupees four lakhs fifty three thousand six hundred only). According to the petitioner, by total nonapplication of mind, the impugned order has been passed arbitrarily and illegally. The impugned order has been challenged on the following grounds: a) The impugned order has been passed without considering the statement of accounts produced by the petitioner; b) The impugned order has been passed by simply ordering the amount claimed without application of mind; c) The Labour Court, Salem has passed the impugned order without questioning the basis of the arbitrary sums fixed by the respondent as the monthly pay applicable to him and d) The impugned order has been passed without considering the fact that the salary has already been paid to the respondent in excess of the amount applicable to him. 7. As seen from paragraph 6 of the affidavit, filed in support of the writ petition, the petitioner admits that the balance amount payable by the petitioner towards his dues is Rs.1,76,818/- and out of the said amount, the petitioner Corporation has already deposited a sum of Rs.1,00,000/- before the Labour Court to the credit of CP No.45 of 2014 and the petitioner has also admitted that the aforesaid sum is due and payable to the respondent and the same will have to be paid to the respondent within a time frame to be fixed by this Court. Insofar as the remaining amount, which the respondent claims due and payable by the petitioner, which has been determined by the Labour Court, Salem under the impugned order is concerned, the same will have to be adjudicated once again before the very same Labour Court due to the fact that the order passed by the Labour Court, Salem, which is under challenge in this writ petition does not give reasons and particulars as to how a sum of Rs.4,53,600/- was arrived at. 8. The petitioner Corporation categorically contends that the sum of Rs.4,53,600/-, which was directed to be paid by the petitioner corporation to the respondent, is an inflated sum and an arbitrary sum without any basis. 9. The respondent has not filed counter affidavit till date. Learned counsel for the respondent has not been able to substantiate the claim of the respondent of Rs.4,53,600/-,which has been adjudicated in the impugned order of the Labour Court, Salem, due and payable by the petitioner corporation. 10. On the face of the findings of the Labour Court, determining the amount of Rs.4,53,600/-, it is clear that the Labour Court has not given its independent findings, but has passed its findings only based on the statement submitted by the respondent with regard to the dues payable by the petitioner Corporation. The Labour Court has blindly accepted the claim of the respondent without making any independent assessment. However, in view of the fact that the petitioner Corporation has admitted that a sum of Rs.1,76,818/- is due and payable by the petitioner to the respondent, the said amount will have to be paid to the respondent. 11. Insofar as the balance amount, which the respondent claims as per the impugned order passed by the Labour Court, Salem is concerned, this Court is of the considered view that the matter will have to be remanded back to the Labour Court, Salem with regard to the said issue for fresh consideration on merits and in accordance with law after affording a fair hearing to both the parties as the balance claim is not substantiated before this Court by the petitioner Transport Corporation by providing undisputed documents. Only through oral and documentary evidence, the question as to whether the balance, as stated supra, will have to be paid to the respondent, can be adjudicated. 12. Only through oral and documentary evidence, the question as to whether the balance, as stated supra, will have to be paid to the respondent, can be adjudicated. 12. Therefore, this Court is of the considered view that insofar as the balance claim of the disputed sum is concerned, the matter will have to be remanded back to the Labour Court, Salem for fresh consideration on merits and in accordance with law after affording a fair hearing to both the parties. 13. For the foregoing reasons, the impugned order passed by the Labour Court on 11.04.2018 in CP No.45 of 2014 is hereby quashed and the matter is remanded back to the Labour Court for fresh consideration on merits and in accordance with law. 14. Insofar as the admitted sum of Rs.1,76,818/-, payable to the respondent by the petitioner Corporation is concerned, the respondent is permitted to obtain payment out of a sum of Rs.1,00,000/-(Rupees one lakh only) together with accrued interest, if any, which is now lying before the Labour Court, Salem to the credit of CP No.45 of 2014 by filing an appropriate application and the Labour Court, Salem shall pass appropriate orders in favour of the petitioner for payment out. 15. Insofar as the remaining sum of Rs.76,818/- , which the petitioner Corporation admits liability, the petitioner Corporation shall pay the said undisputed sum to the respondent within a period of four weeks from the date of receipt of a copy of this order. 16. Insofar as the disputed sum is concerned, the Labour Court, Salem is directed to pass final orders within a period of three months from the date of receipt of a copy of this order. 17. With the aforesaid direction, the writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.