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1999 Supreme(Mad) 568

P.SATHASIVAM
Cheran Transport Employees Union, Kattor, Coimbatore – Appellant
Versus
Government of Tamil Nadu and Another – Respondent


Appearing Advocates:K. Chandru For D. Hariparanthaman, K. Chandra For N. Muthupandian, S. Gopinathan For Government, King, Patridge, Ramasubramaniam Associates Aiyar, Dolia, Advocates.

Judgment :-

P. SATHASIVAM, J.

Aggrieved by the order of the first respondent-Government of Tamil Nadu refusing to refer Industrial Dispute for adjudication under Section 10(1) of the Industrial Disputes Act, 1947, Cheran Transport Employees Union has filed the above writ petition on various grounds. Since the issue involved in the writ-petition is one and the same in the other writ petitions, they are being disposed of by the following common order.

For the convenience I shall refer the case of the parties in W.P. No. 9439/1992. One Kumaresan who is employed as a conductor in the second respondent-Transport Corporation, was issued with Charge-sheet dated February 25, 1987 stating that he had committed misconduct as per Standing Order 14(d)(ab). It is further stated that the 2nd respondent without holding enquiry, by an order dated February 20, 1988 imposed punishment of suspension for three days. On behalf of the said workman, the petitioner Union took up the matter before the Conciliation Officer at Coimbatore. The conciliation ended in failure and the Conciliation Officer gave his failure report dated February 25, 1991. Finally, the first respondent Government, by the impugned orde
























































































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