LAWS(MAD)-2019-11-446

SPECIAL OFFICER Vs. PRESIDING OFFICER

Decided On November 06, 2019
SPECIAL OFFICER Appellant
V/S
PRESIDING OFFICER Respondents

JUDGEMENT

(1.) This Writ Petition is filed for issuing a Writ of Certiorai, to quash the order of Labour Court, Tirunelvelin in I. D. No. 510 of 1992.

(2.) The brief facts that are necessary for the disposal of this Writ Petition are as follows:

(3.) The conclusion reached by the Labour Court is quiet contrary to the findings rendered by it on the factual issues. This Court has already referred to the correspondence in chronology, which are marked as documents before the Labour Court. The exchange of communication and the No Objection Letter as well as the order in connection with relieving the third respondent from service of petitioner society, would reveal that the employer and employee relationship between the petitioner and the third respondent came to an end by the third respondent's resignation, which was promptly accepted by the petitioner society. Having framed the important issue whether the employee and employer relationship between the petitioner and the third respondent had ceased to exist, as the third respondent was relieved by the petitioner on 15. 08. 2019, the Labour Court has not answered the issue and ignored the legal implications of an important issue that is more relevant. Unfortunately, the issue that was conceived as more important by this Court, was not even focussed by the Labour Court and that resulted in serious irregularity in the decision making process.