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2009 Supreme(Mad) 5707

V.DHANAPALAN
A. Santhanam – Appellant
Versus
The Managing Director, Chennai Petroleum Corporation Limited, Chennai – Respondent


Advocates appeared:
For the Petitioner:V. Babu, Advocate.
For the Respondent:Sanjay Mohan for M/s. Ramasubramaniam Associates Advocate.

Judgment

The Award of the Central Government Industrial Tribunal, Chennai, made in I.D.No.1/2006 dated 112. 2006 has been questioned in this petition, seeking to quash the same and for a consequential direction to the 1st respondent to restore the petitioner cadre from Grade-3 to Grade-5 with a consequential promotion.

2. According to the petitioner, he was a former Army man with unblemished service and the Defence Officials have issued him a Conduct Certificate, while coming out of Army as "Exemplary". Though he was a former Army man, he was appointed as a Yardman in the 1st respondent Corporation on 20.3.1985. The 1st respondent is a Company owned by the Government of India and it is considered to be State as described in Article 12 of the Constitution of India. The service of the petitioner was confirmed from 29. 1985. He was provided with a training in Fire Fighting and thereafter, he was transferred to Fire and Safety Section of the Manufacturing Department of the 1st respondent Company. The work of the Fire and Safety Section was to carry the work of treating dry chemical powder and due to the above said nature of work, his health got deteriorated, lungs were affected, blood




























































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