LAWS(MAD)-2011-1-132

MANAGEMENT PRESIDENT KEEZHPERUMANALLUR PANCHAYAT Vs. THIRU D SUBRAMANI

Decided On January 03, 2011
WRIT PETITION NO.4012 OF 2006 Appellant
V/S
THIRU D.SUBRAMANI Respondents

JUDGEMENT

(1.) THIS Writ Petition has been filed by the petitioner, challenging the award of the third respondent, labour Court, dated 05.02.2003, made in I.D.No.50 of 1998.

(2.) THE third respondent, labour Court had passed the impugned award, dated 05.02.2003, holding that the non-employment of the petitioner is not justified and that the petitioner is entitled to reinstatement, with backwages, continuity of service and with other attendant benefits. THE main contention of the petitioner is that the first respondent was employed as a pump operator , under the petitioner Panchayat, only on a honorary basis. No appointment order had been issued by the petitioner Panchayat, appointing the petitioner as a pump operator. No working hours had been specified. THE petitioner had been paid Rs.90/- per month only as lubricant charges for the pumpsets he was supposed to operate.

(3.) IT had also been stated that the first respondent does not own 15 acres of land, as alleged by the petitioner. Eventhough, certain charges had been levelled against the first respondent, no notice had been issued to him and no enquiry had been conducted with regard to the said charges. IT had also been stated that no retreachment compensation had been paid by the petitioner Panchayat.