LAWS(MAD)-2012-2-249

TAMIL NADU TOURISM DEVELOPMENT CORPORATION REP BY ITS CHIEF ACCOUNTS OFFICER CUM SECRETARY THIRU N PRABHAKARAN Vs. PRESIDING OFFICER II ADDITIONAL LABOUR COURT CHENNAI

Decided On February 23, 2012
TAMIL NADU TOURISM DEVELOPMENT CORPORATION REP. BY ITS CHIEF ACCOUNTS OFFICER CUM SECRETARY THIRU N.PRABHAKARAN Appellant
V/S
PRESIDING OFFICER, II ADDITIONAL LABOUR COURT, CHENNAI Respondents

JUDGEMENT

(1.) THE Writ Petition is filed by the Tourism Development Corporation of Tamil Nadu challenging the award passed by the Labour Court in I.D.No.67 of 2000 dated 20.11.2006. By the impugned award, the Labour Court directed reinstatement of the second respondent without backwages and other attendant benefits.

(2.) THE Writ Petition was admitted on 06.08.2007. Pending the Writ Petition, this Court granted an order of interim stay. Though the second respondent was served as early as 24.9.2007, he has not chosen to appear before this Court either in person or through counsel.

(3.) BEFORE the Labour Court, the workman examined himself as W.W.1. On the side of the management, one M.Cecil Kumar was examined as M.W.1 and G.Kumar, who was injured by the workman was examined as M.W.2. On the side of the workman, six documents were filed and marked as Exs.W.1 to W.6 and on the side of the management, seven documents were filed and marked as Exs.M.1 to M.7. In the sworn statement given by Kumar, he had stated that when he went and knock the door of the manager, the workman came from behind and attacked him with a knife and he got injured on the left jaw and the blood was flowing. Two workmen, namely, P.K.Prasad and Ranjan caught hold of Narayanan and Ranjan snatched away the knife from him. By that time, the Manager came out of the room and started enquiring about the incident and he was admitted to the hospital. The injured person along with Ranjan went and gave a police complaint before the Melmaruvathur Police Station. He also took treatment from the hospital at Madurantagam.