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2011 Supreme(Mad) 2323

P.JYOTHIMANI
K. Raman – Appellant
Versus
Presiding Officer – Respondent


Advocates Appeared:
For the Petitioner:P. Narayanamurthi, Advocate.
For the Respondents:R2 - N.A.K. Sarma, Advocate.

Judgment :-

1. The writ petition is directed against the award passed by the Central Government Industrial Tribunal-cum-Labour Court, Chennai in I.D.No.61 of 2005 dated 11.6.2007, by which while dismissing the dispute raised by the petitioner under Clause (d) of sub-section (1) and sub-section (2A) of section 10 of the Industrial Disputes Act, it was held by the Labour Court that the removal of the petitioner by the management from service is legal and justified.

2. The petitioner was an employee of the second respondent, Neyveli Lignite Corporation (NLC) Limited as Industrial Worker Grade-II, appointed on 21.9.1996. The

Standing Orders for the workmen of NLC Limited certified under the Industrial Employment (Standing Orders) Act, 1946 would apply. The petitioner is stated to have applied for leave between 3.2.1998 and 5.2.1998, which was sanctioned and he had to report for duty on 7.2.1998 since 6.2.1998 happened to be a weekly off.

a. It was due to the sudden sickness of the petitioner at Chennai, he was admitted in the Government Royapettah Hospital, where it was found to be jaundice and he could not join duty on 7.2.1998. It is stated that he sent leave application on 16.2.1998








































































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