COMMISSIONER TIRUPPUR MUNICIPALITY Vs. PRESIDING OFFICER

JUDGEMENT

(1.) Challenge in this appeal is the order in W.P.No.23820 of 2005 (12.01.2007) confirming the order of reinstatement with continuity of service and back wages in I.D.No.436 of 2001 dated 28.2.2002.

(2.) 2Nd Respondent-C.Chinnappan @ Chinnapalani claims that he worked as night watchman in Appellant Municipality since 27.1.1989 and was working in the permanent post continuously and he was paid monthly salary of Rs.2,500/- per month. Case of 2nd Respondent is that on 25.8.1998, he was orally terminated from service, without assigning any reason and without following the relevant provisions of Industrial Disputes Act.

(3.) Alleging violation of provisions of Industrial Disputes Act and also violation of principles of natural justice, 2nd Respondent raised Industrial Dispute in I.D.No.436 of 2001. Appellant Municipality did not file counter and was set exparte. Labour Court passed exparte award holding that non-employment of 2nd Respondent was not justified and directing reinstatement of 2nd Respondent with continuity of service and back wages. Challenging the exparte award, Appellant Municipality has filed W.P.No.23820 of 2005.