LUCAS TVS LIMITED Vs. KOTHANDAPANI

JUDGEMENT

(1.) THE prayer in the writ petition is :

(2.) ONE V.Kothandapani (respondent-1) was working as a watchman in the Personnel Department of Lucas-TVS Ltd. Padi, Madras for the 50 (petitioner) with effect from April 3, 1978 on a consolidated salary of Rs. 375/- per mensem. He was terminated from service with effect from April 2, 1979. Again he was taken in service in service in the same department with effect from April 17, 1979 and again terminated from service with effect from April 16, 1980. He was drawing Rs. 525/- per month at the time of the last termination. The termination had been challenged by respondent-1 by raising industrial Dispute, which had been referred by the Government to the Presiding Officer, Second Additional Labour Court, Madras (respondent-2), for adjudication. Respondent-2 in turn, passed an award dated December 16, 1983 holding that the termination of the service of the petitioner is abinitio void and inoperative and declaring that the petitioner continues to be in service with all consequential benefits, namely, backwages and other benefits, if any. The award of respondent-2 had been challenged by the petitioner in the present action invoking the jurisdiction of this Court under Art. 226 of the Constitution of India praying for the relief as aforesaid.