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2021 Supreme(Mad) 1243

R.SURESH KUMAR
A. Arjunan – Appellant
Versus
The Administrator, Tamil Nadu State Transport Corporation, Employees' Pension Fund Trust, Pallavan Salai, Chennai – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr.S.T.Varadarajulu
For the Respondent: Mr.K.Kathiresan Standing counsel

ORDER :

1. The prayer sought for herein is for a Writ of Mandamus directing the second respondent management to grant pension under 1998 pension scheme and difference amount in Provident Fund and Gratuity for the entire service from 10.04.1985 to 28.02.2009.

2. The petitioner joined as Conductor at the second respondent Transport Corporation on 10.04.1985. While he was working, there was a disciplinary proceedings initiated against him, pursuant to which, he was placed under suspension from 03.08.1990 and thereafter, after the conclusion of the disciplinary proceedings, the respondent Corporation dismissed the petitioner from service with effect from 29.11.1991.

3. Challenging the dismissal order, the petitioner approached the Labour Court, where, the Labour Court accepting the case of the petitioner allowed the I.D. on 07.07.1994 with the order that the petitioner shall be reinstated with continuity of service. However, for the period between 29.11.1991 to 06.07.1994, the petitioner shall not be entitled for getting the backwages.

4. Felt aggrieved over the said order passed by the Labour Court, the said Corporation filed an Appeal by way of Writ Petition before this Court and it was

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