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2011 Supreme(Mad) 650

R.BANUMATHI
Larsen and Toubro Limited, Pondicherry – Appellant
Versus
The Presiding Officer – Respondent


Appearing Advocates:
For the Petitioner:Sanjoy Mohan for M/s. S. Ramasubramaniam Associates, Advocates.
For the Respondents:S. Ayyadurai, V. Prakash, Senior Counsel for M/s. K. Ramkumar, Advocates.

Judgment :-

1. Petitioner seeks Writ of Certiorari to quash the Award of the Labour Court in I.D.Nos.54 and 59 of 2001 dated 31.1.2003 whereby the Labour Court, Pondicherry directed the Petitioner-Management to reinstate the Respondents-Workmen w.e.f. 21.8.1998 with half back wages and with continuity of service and other attendant benefits.

2. Since common points arise for consideration, both the Writ Petitions were taken up together and disposed of by this Common Order. For convenience, the Writ Petitioner is referred as Petitioner-Management and Workmen are referred as 2nd Respondent-Workmen.

3. Briefly stated case of 2nd Respondent-Workmen is that Petitioner-Management is running a factory in manufacturing electrical products in Pondicherry. 2nd Respondent-Workmen acquired ITI technical qualification and they were in continuous service of Petitioner-Management as casual labourers for the period indicated infra. Though, 2nd Respondent-Workmen were engaged as casual labourers, they were treated as permanent workmen in all aspects and the work was extracted from them like any other permanent workmen. Further case of 2nd Respondent-Workmen is that after they had put in service for t































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