CHARLES BALASUNDARAM G Vs. DEPUTY GENERAL MANAGER PONDICHERY AGRO SERVICE AND INDUSTRIES CORPORTATION LTD

JUDGEMENT

(1.) THE writ petition has been filed for the issuance of a writ of certiorarified mandamus to call for the records relating to the Award dated January 13, 2003, in I. D. No. 6 of 2001, on the file of the second respondent and quash the same and consequently to direct the first respondent to re-employ the petitioner with all consequential benefits.

(2.) THE brief facts of the case, as stated by the petitioner, are as follows: the petitioner was appointed as an assistant Store Keeper in the year, 1989. He was paid a sum of Rs. 39/- per day being a casual employee. While so, after March 1993, the first respondent had declined to engage the petitioner in service. Therefore, the petitioner had approached the concerned Labour Officer. While the matter was pending, the Managing director of the first respondent Corporation had informed the petitioner that his case was considered by the Board for absorption, and that he should withdraw the petition pending before the Labour Officer. Accordingly, the petitioner did not pursue the petition before the labour Officer. Since no steps had been taken to absorb the petitioner in service, he had submitted an application to the respondent corporation for settling the employees' provident Fund dues. Since he was without employment and for the reason that he had to take care of his family, he had gone abroad, for about 13 months, in search of a job. He had gone away from the month of September, 1996 till the month of October, 1997.

(3.) THE petitioner had initiated conciliation proceedings and since it had failed, the matter was referred to the Labour Court, in I. D. No. 6/2001. The Labour Court has dismissed the petition, without proper consideration of the materials on record. Therefore, the petitioner had filed the present writ petition challenging the award passed by the Labour Court.