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2021 Supreme(Mad) 2179

M.S.RAMESH
Managing Director, Tamil Nadu State Transport Corporation (Salem) Limited, Salem – Appellant
Versus
Annadurai – Respondent


Advocate Appeared:
For the Petitioner:K. Thangam, for D. Raghu, Advocates

JUDGMENT :

(Prayer: Writ Petition filed Under Article 226 of the Constitution of India, to issue a Writ of Certiorari calling for the records relating to the order dated 30.09.2019 passed by the Presiding Officer, Labour Court, Salem in I.D. No. 46 of 2015 and to quash the same.)

1. By impugned award dated 30.09.2019, the respondent was directed to reinstate the petitioner along with backwages and other attendant benefits with continuity of service.

2. The learned counsel for the petitioner would submit that this is the case where the respondent herein had admitted that he was unauthorizedly absent from 31.07.2012 onwards owing to medical ailments, which aspect could not be brought to the notice of the Labour Court. In this context, the learned counsel would make an earnest request to remit the matter back for reconsideration.

3. Though notice has been served on the respondent herein and his name printed in the cause list, none appears on his behalf.

4. Before the Labour Court, the Management witness RW1 had deposed that they have not produced the attendance register and that they were not in a position to substantiate the period of unauthorized absence and it is on this basis that the

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