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2015 Supreme(Mad) 102

M.DURAISWAMY
Selvinth Gnanesh Joshua – Appellant
Versus
Labour Officer III, Conciliation Officer – Respondent


Advocates Appeared:
For the Petitioner: V. Prakash, Senior Counsel for Ramapriya Gopalakrishnan
For the Respondent: R1, V. Subbiah, SGP, R2, Yashod Varadhan, Senior Counsel for Vinod Kumar

Judgment :-

1. The petitioner has filed the above writ petition to issue a writ of mandamus directing the 1st respondent to commence conciliation proceedings forthwith in respect of an Industrial Dispute raised by the petitioner in connection with the order of termination of his service dated 22.12.2014 issued by the 2nd respondent and consequently direct the 2nd respondent to await the resolution of the said Industrial Dispute before giving effect to the said order of termination.

2. Heard Mr.V.Prakash, learned Senior counsel for the petitioner, Mr.V.Subbiah, learned Special Government Pleader for the 1st respondent and Mr.Yashod Varadhan, learned Senior Counsel for the 2nd respondent.

3.1 It is the case of the petitioner that he joined the service of the respondent Company on 15.09.2005 on the basis of merit. He was designated as Assistant System Engineer. In the year 2007, he was promoted as IT Analyst. Thereafter, in 2011, he was promoted as Assistant Consultant. According to the petitioner, he is a workman within the meaning of Section 2(s) of the Industrial Disputes Act, 1947 (hereinafter referred to as "the Act"), since his main duties and responsibilities are technical in natu


























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