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2010 Supreme(Mad) 1352

T.RAJA
The Management, Pudupalayam Primary Agricultural Co-operative Bank, Rep. by its Special Officer, – Appellant
Versus
The Presiding Officer, Labour Court, & Another – Respondent


Advocates Appeared:
For the Petitioner:M.S. Palaniswamy, Advocate.
For the Respondent:R2, Rita Chandrasekaran for M/s. Aiyar & Dolia, Advocates.

Judgment :-

1. The present Writ Petition is directed against the award dated 18.03.2003 passed by the Labour Court in I.D.No. 264 of 2000 on the ground that the Labour Court has committed serious mistake in not only entertaining the above delayed and stale claim, but even without considering whether the 2nd respondent was appointed in accordance with the rules and other recruitment process, directed the petitioner management to pay the backwages for 13 years.

2. The learned counsel for the petitioner submits that, the 2nd respondent/N.Balakrishnan was appointed as Salesman in the petitioner banks Public Distribution Shop for selling kerosene on daily wage basis to the ration card holders and that he was appointed without following the principles laid down under Rule 149 of the Tamil Nadu Co-operative Societies Rules. He ceased attending duty in August 1997 and got employed elsewhere. But, all of a sudden, after a lapse of 13 years, when he approached the 1st respondent/the Presiding Officer, Labour Court, Salem, the stale claim preferred by the 2nd respondent was allowed by the 1st respondent by award dated 05.08.2002 by directing the petitioner management to reinstate the 2nd respo






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