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2013 Supreme(Mad) 3572

M.JAICHANDREN, M.VENUGOPAL
Tamil Nadu State Transport Corporation (Madurai) Limited Rep. by its Managing Director, Madurai – Appellant
Versus
Joint Commissioner of Labour – Respondent


Advocates:
Advocate Appeared:
For the Appellant:A.P. Muthu Pandian, Advocate.
For the Respondents:R1, M. Govindan, Spl.G.P, R2, A. Rahul, Advocate.

Judgment :

M. Venugopal, J.

1. The Appellant/Tamil Nadu State Transport Corporation (Madurai) Limited, has preferred the instant Writ Appeal as against the Order dated 7/2/2012 in W.P.(MD) No.39008 of 2004 passed by the Learned Single Judge in dismissing the Writ Petition.

2. The Learned Single Judge, while passing the order in W.P.(MD) No.39008 of 2004 (filed by the Second Respondent/Petitioner) on 7/2/2012 has inter alia observed that

"Though the 1st respondent held that the enquiry was held fairly and properly and that the charges have been proved, the 1st respondent was right in rejecting the approval petition on the ground that Section 33 (2) (b) of the Act was not complied with."

and found no infirmity in the order of the First Respondent dated 12/4/2004 in Approval Petition No.180 of 2003 and resultantly, dismissed the Writ Petition.

3. The Learned Counsel for the Appellant/Transport Corporation, Virudhunagar contends that the Learned Single Judge had failed to appreciate that the First Respondent/Joint Commissioner of Labour (Conciliation), Chennai, has no wider jurisdiction under Section 33 (2) (b) of the Industrial Disputes Act, 1947 to reappraise the evidence recorde





































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