LAWS(MAD)-2014-9-270

V. SANKARANARAYANAN Vs. THE PRESIDING OFFICER

Decided On September 17, 2014
V. Sankaranarayanan Appellant
V/S
THE PRESIDING OFFICER Respondents

JUDGEMENT

(1.) Being aggrieved by the allowing of the writ petition in W.P.No.1264 of 2009, dated 24.11.2010, the appellant as preferred this appeal.

(2.) Brief facts, which are relevant for consideration of this appeal, are as follows:

(3.) The appellant was issued with second show cause notice on 17.02.2003, to which, he submitted his explanation on 19.02.2003. As the explanation submitted by the appellant was not satisfactory and as the misconduct committed by him was serious in nature, he was removed from service. Challenging his removal from service, the appellant raised a dispute in I.D.No.433 of 2004 before the first respondent/Labour Court. The first respondent herein, by an order dated 18.06.2008, held that the enquiry was conducted in a fair and proper manner, however, found the charges levelled against the appellant are superficial in nature and allowed I.D.No.433 of 2004, by ordering reinstatement of the appellant with backwages and other monetary benefits. Challenging the said order passed by the first respondent/Labour Court, the Management filed a writ petition in W.P.No.1264 of 2009 before this Court. After hearing both sides, the learned Single Judge allowed the writ petition on 24.11.2010 and set aside the award passed by the first respondent/Labour Court dated 18.06.2008 permitting the Management to withdraw the amount, if any, representing the arrears of salary deposited to the credit of I.D.No.433 of 2004 on the file of the first respondent herein. Challenging the said order, the appellant is before this Court by way of the above writ appeal.