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1971 Supreme(Mad) 49

T.RAMAPRASADA RAO
Sri Rajagopal Transports (P. ) Ltd. , Tiruchirapalli-3. – Appellant
Versus
The Presiding Officer, Labour Court, Madurai – Respondent


Advocates:
M.R. Narayanaswami and R. Sampath Kumar, for Petitioner.
T. Sathiadev, the Assistant Government Pleader and the Advocate-General, for 2nd Respondent.
G. Venkataraman and A.L. Somayajee, for 3rd Respondent.

Order.-

The petitioner is Sri Rajagopal Transports Private Limited, Tiruchirapalli. For a considerable length of time, the disputes between the Management and seven workmen thereto were not settled as is seen from the various proceedings that preceded the present writ petition. As early as in 1962, a reference under section 10 of the Industrial Disputes Act (hereinafter referred to as the Act) was made, on the question whether the non-employment of one V. Kumaraswami, a driver of the petitioner Management, was in order. The Labour Court was of the view that the non-employment was not justified and the petitioner had to come to this Court in Writ Petition No. 199 of 1963, questioning the propriety of the award passed by the Labour Court. The Union also filed a writ petition as against the same award, and both came up for final disposal before Ramakrishnan, J, who quashed the same and remitted the matter for fresh disposal. While passing such an order of remit, the learned Judge made it clear as to what ought to be done by the Labour Court. The position is best stated in the words of the learned Judge himself:-

“I remanded the matter to the Presiding Officer, Labour Court to make a f

























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