(Judgment of the Court was delivered by G.JAYACHANDRAN,J.)
1. Heard the learned counsel appearing for the appellant as well as the second respondent.
2. The only grievance of the appellant is that the second respondent, namely, V.Padma, is not entitled for any backwages, since she rejoined the duty relinquishing her right of claiming backwages. However, she has filed a claim petition and succeeded, which is under challenge in the Writ Petition.
3. The learned Single Judge has directed the appellant to pay a sum of Rs.2.00 lakhs, as a pre-condition to proceed further. This condition is now under challenge before us.
4. According to the learned counsel appearing for the appellant, since the second respondent is not entitled for any backwages, if Rs.2.00 lakhs is paid to the second respondent, it may be difficult for the appellant to recover, in case, it succeeded in the Writ Petition.
5. Considering the merits of the submissions and also the point of equity, this Court is of the opinion that instead of paying the said amount directly to the second respondent, it shall be deposited in the Central Cooperative bank, Vellore within a period of two (2) weeks from the date of receipt of a copy of this order. It is ordered accordingly.
6. On production of the deposit receipt, the learned single Judge shall take up the matter on 11.09.2017, as fixed in the impugned order. Both the parties shall cooperate for the early disposal of the Writ Petition, pending before the learned Single Judge.
7. The Writ Appeal is disposed of accordingly. Consequently, the connected Miscellaneous Petition is closed. However, there will be no order as to costs.
Index : Yes/No (H.G.R.,J) (G.J.,J) Speaking order/Non-speaking order 28.07.2017 sl To 1. The Presiding Officer, Principal Labour Court, Vellore.
HULUVADI G.RAMESH,J.
AND Dr.G.JAYACHANDRAN,J.
sl W.A.No.814 of 2017 & C.M.P.No.11420 of 2017 28.07.2017