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2003 Supreme(Mad) 1232

S.ASHOK KUMAR
The Special Officer – Appellant
Versus
T. N. Sekar – Respondent


Advocates Appeared:For the Petitioner:Mr. G. Thilagavathi, Advocate. For the Respondent:Mr.R.Selvakumar, Advocate.

Judgment :-

The revision petitioner, who is the Special Officer, Dharmapuri District Co-op. Sugar Mills, Palacode, is the defendant in the suit O.S.No.121 of 1998 on the file of the District Munsif, Palacode. The respondent/plaintiff filed the suit for a mandatory injunction to appoint him on permanent basis on the basis of seniority and also a Government Order, and for a permanent injunction restraining the defendant from appointing anybody-else on permanent basis.

2. The averments in the plaint are that the plaintiff is a N.M.R. employee of the defendant from 1979 and that since his family members including his father have sold 5.28 acres of land to the defendant for the purpose of constructing a sugar factory and as per a Government Order, priority must be given to the family members who have given lands for the construction of the sugar factory. But, the defendant has not made him permanent and hence, the suit.

3. The defendant has filed a written statement stating that the dispute raised by the plaintiff falls within the purview of Section 2(k) of the Industrial Disputes Act and as such, the appropriate forum constituted under the said Act alone has got jurisdiction to try and





























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