S SHANMUGAM Vs. PRESIDING OFFICER LABOUR COURT

JUDGEMENT

(1.) The petitioner was working as a Junior Assistant in the Tamil Nadu Electricity Board. Disciplinary action was initiated and a final show cause notice was given to the petitioner. The petitioner moved the Civil Court challenging the show cause notice and the disciplinary proceedings in O.S.No.1301 of 1984. The Civil Court decreed the suit. Subsequently, the attempt by the respondent - Electricity Board to challenge the same in A.S.No.325 of 1980 had also failed. Thereafter, the petitioner was restored to service for one day and subsequently, he was once again placed under suspension.

(2.) It is now stated that the enquiry had ended against the petitioner and he was also dismissed from service. His further statutory appeal also failed. The petitioner filed a claim petition before the first respondent Labour Court under Section 33-C(2) of the Industrial Disputes Act in C.P.No.29 of 1996 claiming full wages for the earlier period of suspension. The Labour Court ordered notice to the Electricity Board. A counter statement was filed resisting the claim made by the petitioner.

(3.) Before the Labour Court, on behalf of the petitioner, 12 documents were filed and marked as Exs.P1 to P12. On the side of the respondent -Board, the decree passed by the Sub-Court was filed as Ex.R1. While the petitioner had examined himself as P.W.1, on the side of the respondent-Board one Mullainathan was examined as R.W.1.