NANDA KUMAR Vs. GAMMON INDIA LIMITED

JUDGEMENT

(1.) The aggrieved workman has filed this intra court appeal questioning the order dated 4.3.2011 allowing W.P.(MD)No. 9192/2008 filed by the first respondent / management.

(2.) The appellant was appointed as a Driver by Gammon India Limited on 1.10.1999. He was terminated from service on 11.5.2000. The appellant raised an Industrial Dispute on the ground that he was illegally terminated from service. Conciliation proceedings took place. The Conciliation Officer reported failure. The matter went to Labour Court, Tirunelveli and was taken up as I.D.No.2/2006. The appellant demanded reinstatement in service and also payment of back wages. The management was served with summons. But they remained ex parte. The appellant was examined as WW1 and two documents were marked on his side. The petition was allowed and an order for reinstatement and payment of back wages was made on 17.12.2007.

(3.) The management filed WP(MD)No.9192/2008 questioning the said award. The appellant / workman took out MP(MD)No. 1/20011 u/s.17B of the I.D.Act, 1947. The management filed a detailed counter opposing the said petition. The learned Judge took up the said petition along with the main Writ Petition. By order dated 4.3.2011, the writ petition was allowed.