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2011 Supreme(Mad) 3295

K.CHANDRU
General Manager(Law) Southern Railway Moor Market Complex – Appellant
Versus
Presiding Officer, Central Government Labour Court – Respondent


Advocates Appeared:
For the Petitioner:Su. Srinivasan, Advocate.
For the Respondent:R1 – Court, R2 - S.T. Varadarajulu, Advocate.

JUDGMENT :-

1. In the first batch of writ petitions, the petitioner is the General Manager (Law),Southern Railway, Chennai and they are aggrieved by a common order passed by the Central Labour Court in complaint Nos.2 to 8 of 2000 dated 29/11/2008.

2. The first respondent, Central Government Labour Court entertained the complaint at the instance of the contesting second respondents in terms of Section 33-A of the I.D.Act and after adjudicating the said complaint, it felt that the non-employment of the contesting respondents was illegal and contrary to Section 25F of the I.D Act, inasmuch as the contesting respondents have completed 240 days of continuous work, the petitioner-Railways have not followed the procedure, while dismissing them from service. The termination was illegal and they are entitled to get Rs.1 lakh as compensation in lieu of reinstatement. It is this order dated 29.11.2008 is the subject matter of challenge in the first batch of writ petitions.

3. The writ petition was admitted on 23.04.2009. Pending the writ petition, this Court granted interim stay. Subsequently, the said order was modified directing the petitioner-railways to deposit 50%of the award amount to t
















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