LAWS(MAD)-2008-10-43

G JAYARAMAN Vs. SECRETARY TO GOVERNMENT

Decided On October 24, 2008
G. JAYARAMAN Appellant
V/S
SECRETARY TO GOVERNMENT Respondents

JUDGEMENT

(1.) WRIT Petition filed under Article 226 of the Constitution of India praying this Court to issue a WRIT of Certiorari to call for the records of the Labour Court, Coimbatore comprised in I.D.No.198/97 dated 18.1.99 and quash the same. The writ petition is filed against the order of the Labour Court in ID No.198 of 1997 dated 18.1.1999 directing the petitioner to reinstate the third respondent worker with continuous of service and back wages and other attendant benefits with effect from 1.1.96.

(2.) THE writ petition was admitted on 21.6.1999. Pending writ petition, this Court did not grant any interim stay regarding reinstatement as it was stated that the workmen had already been reinstated. THErefore, there was only stay for payment of back wages alone. THE interim stay granted was also made absolute on 29.8.2003.

(3.) ORIGINALLY, the petitioner's father K. Gopalaswamy Mudaliar was owning the Estate known as Sri Ram Estate. After family partition, the father retained 20% of the share and gave two sons including the petitioner 40% of share in the estate. The partition took place on 1.4.1993. The petitioner was allotted 19 workmen and the third respondent is one of the workmen. After three years, without any rhyme or reason, her service was terminated on 1.1.96.