LAWS(MAD)-2011-2-683

C GANESAN Vs. PRESIDING OFFICER LABOUR COURT

Decided On February 18, 2011
C.GANESAN Appellant
V/S
PRESIDING OFFICER, LABOUR COURT Respondents

JUDGEMENT

(1.) THIS writ petition has been filed praying for a Writ of Certiorarified Mandamus to call for and quash the order of the first respondent Labour Court, dated 16.6.2003, made in I.D.No.354 of 2000, and to direct the second respondent to reinstate the petitioner, with continuity of service, backwages and other attendant benefits.

(2.) THE petitioner has stated that he was appointed, as a conductor in the second respondent Corporation, with effect from 12.12.1988. As such, he was discharging his duties diligently, without any blemish. While so, on 28.3.1993, he was unwell due to dysentery. Even though he had intimated his higher authorities and had sought for leave, they had refused to accept his request. In such circumstances, he was compelled to be on duty, in the bus plying from Dharmpauri to Mysore.

(3.) BASED on the charges levelled against the petitioner, he had been dismissed from service, by an order of the second respondent management, dated 19.4.1994. Challenging the order of dismissal from service, the petitioner had preferred an industrial dispute before the first respondent Labour Court, in I.D.No.354 of 2000. The first respondent Labour Court had confirmed the order of dismissal passed against the petitioner, by the second respondent management, in its award, dated 16.6.2003, made in I.D.No.354 of 2000.