Prayer : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the award passed by the 1st respondent in ID.No.314 of 2001 as early as 26th Apr 2016 and award / notification on the 21st June 2016 in particular the declining of the backwages in para 16 of the award that "I am not inclined to grant the relief of back wages to the petitioners considering the circumstances" quash the particular portion of the award of no backwages to the petitioner and consequently direct the respondent employer or the management of the Military Engineering Service to pay to the petitioner the entire back wages from the date of termination on the 02.02.2000 to the date of the reinstatement as per the award dated 26.04.2016 of the 1st respondent and with interest @ 12% PA from the date of termination till the date of reinstatement filed by the petitioner and allow the present Writ Petition filed by the writ petitioner.
Mr.G.Rajagopalan, the learned Additional Solicitor General of India appearing for respondents 2 to 8 made a submission that the Central Government Industrial Tribunal cum Labour Court passed an award on 26th April 2016 directing the respondents therein to reinstate the petitioners in each Industrial Dispute, in service within a month of publication of the award.
2.Further it is stated that the workmen are entitled to continuity of service and would be paid salary as per regular scale after reinstatement.
3.Further the learned Additional Solicitor General of India made a submission that it is an exparte award passed without the effective participation of the respondents2 to 8/management. Thus, the respondents 2 to 8 /management had no opportunity to adjudicate the matter before the Central Government Industrial Tribunal cum Labour Court and therefore, the case may be remitted back for fresh trial, so as to conduct a full fledged effective adjudication.
4.The learned counsel appearing on behalf of the petitioner/Workman has not disputed the fact that it is an exparte award. Paragraph 7 of the award dated 26th April 2016, reads as follows: "7.Some of the petitioners have filed Writ Petition No.36619/2004 before the Hon'ble High Court of Madras against the order of this Tribunal dismissing the applications filed by them to implead three more persons who are contractors in the party array. The case has been stayed during the pendency of the Writ Petition. The writ petition was dismissed as not pressed on 08.12.2015 and thus the say in the matters have been vacated. When the matter was taken up after disposal of the Writ Petition the respondents have failed to enter appearance in spite of postings given for their appearance. So Respondents have been set exparte."
5.Thus, it is made it clear that respondents 2 to 8/management had not participated in the adjudicative process and they remained exparte. At this stage, this Court need not go into the merits and demerits of the case, since respondents 2 to 8/management was set exparte and the same was not disputed. Any matter under trial before the Central Government Industrial Tribunal cum Labour Court has to be adjudicated in full and a complete adjudication will alone provide a better solution and decision on the issues involved in the dispute.
6.That apart, this Court cannot now go into all the documents and evidences to be produced before the Central Government Industrial Tribunal cum Labour Court for effective adjudication of the matter. This being the view of this Court, the merits and demerits and the grounds raised in this writ petition, at this stage, need not be adjudicated by this Court and the ends of justice will be met if the matter is remanded back for a full fledged complete adjudication in all respects.
7.Accordingly, the common award passed by the Central Government Industrial Tribunal cum Labour Court, Chennai dated 26th April 2016 passed in Industrial Disputes bearing I.D.Nos.308/2001 314/2001 315/2001 316/2001 320/2001 322/2001 325/2001 326/2001 327/2001 332/2001 333/2001 334/2001 335/2001 337/2001 & 98/2002 are set aside and the matter is remitted back to the Central Government Industrial Tribunal cum Labour Court, Chennai for re-trial and respective parties are at liberty to file necessary applications before the Central Government Industrial Tribunal in all respects for effective adjudication of the matter.
8.Now, it is brought to the notice of this Court that the Tribunal is not functioning. However, taking note of the long pendency of these cases, the Tribunal shall dispose of the same as early as possible, preferably within a period of six months from the date of appointment of the Presiding Officer in the Tribunal.
9.In fine, these writ petitions are disposed of with the above directions. No costs. Consequently, connected miscellaneous petitions are closed. 18.09.2017 maya Index : Yes/No Internet : Yes/No Speaking /Non-speaking order To
1. The Presiding Officer The Central Government Industrial Tribunal - Cum- Labour Court First Floor, B-wing 26 Haddows Road Shastri Bhawan, Chennai - 600 006.
2. Union of India Rep by its Secretary to Government Ministry of Defence New Delhi.
3. Union of India Rep by its Engineer in Chief Military Engineering Service New Delhi 110 011.
4. The Chief Engineer - Commanding Military Engineer Service Southern Command Pune Pin 411 001.
5. The Chief Engineer - Zone Military Engineering Service Station Road, Visakapattanam Pin 411 001.
6. The Commanding Officer Naval Air Station, INS Rajaji, Arakkonam - 631 002.
7. Commander Work Engineer SE, (Navy), Military Engineering Service Fort Saint George, Chennai - 600 009.
8. The Garrison Engineer Military Engineering Service, INS Rajaji, Arakkonam - 631 002.
S.M.SUBRAMANIAM, J maya Writ Petition Nos. 43858, 44592 to 44596, 44139 to 44143, 43851, 43852, 43859, 43861 and 43860 of 2016, & 259, 409, 410, 433, 444, 235, 239, 240, 258, 1223, 1708, 1709, 234 and 241 of 2017 18.09.2017