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2005 Supreme(Mad) 145

MARKANDEY KATJU, D.MURUGESAN
K. S. Varadarajan – Appellant
Versus
Deputy Commissioner of Labour (Appeal) & Another – Respondent


Advocates Appeared: For The Appellant:K.M. Ramesh, Advocate. For The Respondents: P.S. Sivashanmugasundaram, Addl. Govt. Pleader.

Judgment :-

Markandey Katju, CJ.

These two writ appeals have been filed against the impugned judgment of the learned single Judge dated 25.1.2001 and also the order of the learned single Judge dated 5.3.2001 rejecting the restoration application.

2. We have carefully perused the impugned judgment dated 25.1.2001 and find no infirmity in the same.

3. The appellant (writ petitioner) was working as a salesman in a ration shop run by the second respondent. He was chargesheeted for various misconducts including misappropriation of money, in respect of which a domestic enquiry was conducted in which he was given an opportunity of hearing. Thereafter he was found guilty of the charges and his service was terminated. He filed an appeal before the appellate authority under the Tamil Nadu Shops and Establishments Act, but his appeal was dismissed by order dated 30.6.1993. Aggrieved by this order he filed a writ petition before the learned single Judge, who dismissed it by order dated 25.1.2001 and the restoration application was also rejected by order dated 5.3.2001.

4. Learned counsel for the appellant has submitted that the appellate authority in its order dated 30.6.1993 has not considered th





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