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2011 Supreme(Mad) 4023

K.CHANDRU
Bears Cave Estate Rep. By its Proprietor O. Ulaganathan – Appellant
Versus
Presiding Officer, Labour Court, Salem – Respondent


Advocates appeared:
For the Petitioner:S. Ravindran for M/s.T.S. Gopalan & Co., Advocates.
For the Respondent:R2 - R.Md. Nazrullah for M/s.K.V. Shanmuganathan, Advocates.

JUDGMENT :-

1. The petitioner is the management of Estate at Yercaud, Salem. They have come forward to challenge an award passed by the 1st respondent Labour Court, Salem in I.D.No.187 of 2003 dated 21.4.2008. By the impugned award, the Labour Court directed the reinstatement of the 2nd respondent workman on the ground that her termination on 2.9.2002 was illegal and against the principles of natural justice. Therefore, she was directed to be reinstated with full backwages and continuity of service.

2. The Writ Petition was admitted on 20.1.2009. Pending the Writ Petition, this Court granted an interim stay. Subsequently, the interim stay was made absolute on the ground that the 2nd respondent did not file any counter affidavit. On notice from this Court, the 2nd respondent appears through counsel.

3. Heard the arguments of Mr.S.Ravindran, learned counsel appearing for M/s.T.S.Gopalan & Co, learned counsel for the petitioner and Mr.R.Mohammed Nazrullah for Mr.K.V.Shanmuganathan, learned counsel for the 2nd respondent.

4. The facts leading to the filing of the case are as follows:

(4.i) The 2nd respondent was employed as an Estate Worker since 1987 in the petitioner estate. However, w































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