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2017 Supreme(Mad) 4302

R.SURESH KUMAR
Managing Director, Tnstc – Appellant
Versus
S. Arunachalasamy – Respondent


Advocates Appeared:
For the Petitioner:Mr. K. Sathiya Singh, Advocate
For the Respondent:Mr. V. Kannan, Advocate

ORDER :

Mr. R. Suresh Kumar, J.

The petitioner Corporation challenging the award passed by the second respondent in I.D. No.10 of 2003, dated 30.04.2010, has come out with the present writ petition.

2. The first respondent was a conductor working at the petitioner's Corporation. While so, a charge memo was issued against him on 08.01.2002. Based on which domestic enquiry was conducted and ultimately pursuant to the domestic enquiry, the petitioner was removed from service. Challenging the said removal of service, the first respondent raised Industrial Dispute by filing I.D. No.10 of 2003 on the file of the second respondent.

3. By order dated 29.03.2010, a preliminary award was passed, whereby the Labour Court found that the domestic enquiry was conducted properly without violating the principles of natural justice. Thereafter, the Labour Court passed final award dated 30.04.2010, which is the order impugned in the writ petition. In the said final award, the Labour Court after having considered the issue raised before it has come to a conclusion that the punishment inflicted on the petitioner pursuant to the domestic enquiry is not based on any proved charges and on mere surmises that















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