V RAYAPPAN Vs. PRESIDING OFFICER, LABOUR COURT

JUDGEMENT

(1.) THE petitioner, who was a Salesman working in the 2nd respondent/ Cooperative Society, aggrieved by the order passed by the 1st respondent/Labour Court, Tirunelveli in C.P.No. 18 of 2008 filed the Writ petition. By the impugned order, the Labour Court rejected the claim made by the petitioner/ workman in an application filed under Section 33C(2) of the I.D. Act.

(2.) THE Writ petition was admitted on 24.3.2010. On notice from this Court, the 2nd respondent has filed a counter affidavit.

(3.) THE case leading to filing of the Writ petition are as follows: The petitioner was appointed as a Salesman on a daily wages basis. He was paid a daily wages at Rs.25/ - on monthly basis with effect from 26.7.1997. The services were terminated by an order dated 1.6.2001. He filed an appeal under Section 41(2) of the Tamil Nadu Shops and Establishment Act, 1947 before the Appellate Authority i.e., the Deputy Commissioner of Labour, Tirunelveli. The said appeal was taken on file in TNSE Case No.7 of 2005. The Appellate Authority allowed the appeal and set aside the order of termination dated 1.6.2001 thus restoring him to service to the original place in which he was employed vide his order dated 20.1.2006.