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1963 Supreme(Mad) 448

S.RAMACHANDRA.IYER, P.RAMAKRISHNAN
The Government of Madras, by the Secretary to Government, Industries, etc. , Department – Appellant
Versus
The Workmen of the South India Saiva Siddhanta Works Publishing Society, by the Madras Press Labour Union – Respondent


Advocates:
The Advocate-General (V.K. Thiruvenkatachari) for the Additional Government Pleader (V. Ramaswami), for Appellant.
V.G. Rom for Rom and Reddy, for Respondent.

Ramachandra Ayyar, C.J. -

Muthiah Pillai, who was employed by the South India Saiva Siddhanta Works Publishing Society at Tirunelveli, was dismissed from service on 10th December, 1959, on the ground that he was responsible for an article that appeared in an issue of Indunesan, dated 24th October, 1958, making certain allegations of malpractice committed by the Directors of the Society. No enquiry was held by the Management to find out whether the employee was guilty of the conduct attributed to him and consequently there was no opportunity for the latter to show that the charge or suspicion against him was ill-founded. The Madras Press Labour Union, of which Muthiah Pillai was a member, took up his cause and it raised an industrial dispute. Conciliation proceedings which were initiated in consequence thereof, proved ineffective. The Labour Officer who was entrusted with the conciliation work, while reporting his failure, intimated to the Government that the Management was neither willing to reinstate the employee nor terminate his services by giving one month’s notice on the footing that the previous dismissal was invalid. The Government, on a consideration of the report, found th





























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