LAWS(MAD)-2008-10-131

CHIEF GENERAL MANAGER MAINTENANCE SOUTHERN TELECOM REGION Vs. PRESIDING OFFICER INDUSTRIAL TRIBUNAL TAMIL NADU HIGH COURT BUILDINGS

Decided On October 29, 2008
CHIEF GENERAL MANAGER, MAINTENANCE SOUTHERN TELECOM REGION Appellant
V/S
PRESIDING OFFICER, INDUSTRIAL TRIBUNAL, TAMIL NADU, HIGH COURT BUILDINGS Respondents

JUDGEMENT

(1.) HEARD the learned counsel appearing for the petitioner and the learned counsel appearing for the second respondent.

(2.) THIS writ petition has been filed by the petitioner challenging the award of the first respondent Tribunal, dated 4.9.2000, made in I.D.No.200 of 1994.

(3.) THE learned counsel appearing on behalf of the petitioner management had further submitted that the second respondent was not engaged in a sanctioned post and his engagement in service was of a purely temporary nature. His engagement contrary to the instructions issued by the telecom directorate, is by itself irregular and illegal. Though such objections had been made in the counter filed by the petitioner management before the first respondent Tribunal, such objections were not taken note of by the first respondent Tribunal before the impugned award, dated 4.9.2000, had been passed. THErefore, the award of the Labour Court, dated 4.9.2000, made in I.D.No.200 of 1994, is illegal, void and liable to be set aside by this Court.