Case Note & Summary
The appellant, a workman, raised an industrial dispute pursuant to a reference dated 02.12.2011. The Central Government Industrial Tribunal-cum-Labour Court, Chennai, granted reinstatement without backwages but with continuity of service. Aggrieved, the workman filed a writ petition, which was dismissed by a learned Single Judge on 07.09.2023. The workman then filed the present writ appeal. During the hearing, the appellant's counsel submitted that the workman was not seeking backwages but only continuity of service as awarded by the Labour Court. In view of this fair submission, the Division Bench clarified that the order of the learned Single Judge confirmed the Labour Court award, and thus the appellant becomes eligible for continuity of service. No further adjudication on merits was required. The award and the Writ Court order were confirmed with the above observations. No costs were awarded.
Headnote
A) Industrial Law - Reinstatement - Continuity of Service - Industrial Disputes Act, 1947 - Workman challenged Labour Court award granting reinstatement without backwages but with continuity of service - Workman confined prayer to continuity of service only - Held that the award and Writ Court order stand confirmed with clarification that workman is eligible for continuity of service (Paras 2-6).
Issue of Consideration
Whether the workman is entitled to continuity of service as awarded by the Labour Court, and whether the order of the learned Single Judge requires modification.
Final Decision
The award of the Tribunal and the order of the Writ Court stand confirmed with the clarification that the appellant becomes eligible for continuity of service. No costs.
Law Points
- Continuity of service
- Reinstatement without backwages
- Industrial dispute
- Labour Court award
- Writ Court confirmation
Case Details
2026 LawText (MAD) (02) 265
S. M. Subramaniam, C. Kumarappan
Mr. D. Bharathy for Appellant; Mr. N. Nithianandam for R2
The Presiding Officer, Central Government Industrial Tribunal cum Labour Court, Chennai; The Director (Personnel), M/s. Neyveli Lignite Corporation Ltd.
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Nature of Litigation
Writ appeal against order of learned Single Judge dismissing writ petition challenging Labour Court award.
Remedy Sought
Appellant sought to set aside the order dated 07.09.2023 in WP No.5093/2018 and allow the writ appeal, but confined prayer to continuity of service.
Filing Reason
Appellant was aggrieved by the Labour Court award granting reinstatement without backwages but with continuity of service, and the dismissal of his writ petition.
Previous Decisions
Labour Court granted reinstatement without backwages but with continuity of service; learned Single Judge dismissed WP No.5093/2018 on 07.09.2023.
Issues
Whether the workman is entitled to continuity of service as awarded by the Labour Court.
Submissions/Arguments
Appellant's counsel submitted that the workman is not seeking backwages but only continuity of service as awarded by the Labour Court.
Ratio Decidendi
Since the appellant accepted the award granting continuity of service and confined his prayer to that relief, no further adjudication on merits was required. The order of the learned Single Judge confirming the Labour Court award was clarified to ensure the appellant's entitlement to continuity of service.
Judgment Excerpts
the only grievance of the Workman now is that he is not seeking for any backwages and what he seeks is continuity of service, as awarded by the Labour Court.
Hence as ordered by the Labour Court, the appellant becomes eligible for continuity of service.
Procedural History
Industrial dispute raised by workman referred on 02.12.2011 to CGIT-cum-Labour Court, Chennai, which granted reinstatement without backwages but with continuity of service. Workman filed WP No.5093/2018, dismissed on 07.09.2023. Present writ appeal filed against that dismissal.
Acts & Sections
- Industrial Disputes Act, 1947:
