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2013 Supreme(Mad) 4262

R.K.AGRAWAL, N.PAUL VASANTHAKUMAR
G. Selvam – Appellant
Versus
Management of Tamil Nadu State Transport Corporation (Madurai) Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : S. Arunachalam.
For the Respondents: S.C. Herold Singh, M. Govindan.

JUDGMENT :

N. Paul Vasantha Kumar, J.

1. This writ appeal is preferred against the order dated 13.2.2008 made in W.P. No. 2697 of 2007 insofar as restricting entitlement of back-wages from 5.1.2007 and for a direction to the respondent to reinstate the appellant with full back wages from 16.1.2004. The case of the respondents before the learned single Judge was that the appellant was employed as Conductor on daily wage basis and he participated in an illegal strike and absented from duty without permission on 13.11.2002, 14.11.2002, 17.11.2002 to 19.11.2002 and 21.11.2002. Disciplinary proceeding was initiated against the appellant by issuing a charge memo and after enquiry, the charge was found proved and a punishment of dismissal was imposed on 16.1.2004. Approval petition No. 200 of 2004 u/s 33(2)(b) of the Industrial Disputes Act, 1947, was filed by the respondent Management and the same was rejected on 1.9.2006. Approval was sought for as one of the demand of the workman was pending in conciliation proceeding. The said rejection order dated 1.9.2006 was challenged in the writ petition.

2. The learned single Judge upheld the rejection order dated 1.9.2006 and ordered reinstatement









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