K KAILASAM Vs. PRESIDING OFFICER

JUDGEMENT

(1.) THE petitioner has come forward to file the present Writ Petition seeking to challenge an order passed by the Labour Court, Salem in I.D.No.558 of 2004 dated 19.1.2006. By the aforesaid award, the Labour Court declined to grant any relief to the petitioner workman.

(2.) WHEN the Writ Petition came up on 8.10.2009, Notice of Motion was ordered. Subsequently, it was admitted on 15.7.2010.

(3.) THE case of the petitioner was that he was working as a Conductor in the 2nd respondent Corporation with effect from 5.4.1978 in Salem Division and he was a permanent worker. He was afflicted with Jaundice and he could not take care of himself. Therefore, he could not attend the duty. When he took treatment, he also informed the management about his illness with appropriate medical certificate. When he got fitness certificate to join and report for work, the same was not given to him. It was during this period, his daughter's wedding also took place. The petitioner with the help of the Member of Legislative Assembly submitted all the records. After the records were received, the petitioner was given duty on 27.3.2002. But, subsequently, on 30.7.2002, his service was terminated. Despite his request, he was not given employment. Therefore, he raised a dispute before the Government Labour Officer, Salem and as he could not bring about mediation, he gave a failure report. On the strength of the failure report, he filed a claim statement before the 1st respondent. The Labour Court took the dispute as I.D.No.558 of 2004 and notice was ordered to the 2nd respondent management. The 2nd respondent management filed a counter statement dated 6.11.2004.