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2021 Supreme(Mad) 2714

M.S.RAMESH
Superintending Engineer, Tiruvannamalai Electricity Distribution Circle, Tamil Nadu Electricity Board, Tiruvannamalai, T. V. Malai District – Appellant
Versus
M. M. Elumalai (Expired) – Respondent


Advocates Appeared:
For the Petitioners: P. Subramanian, Standing Counsel.
For the Respondents:R.D. Ashok Kumar, S.N. Ravichandran, Advocates.

JUDGMENT :

(Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorari, calling for the records of the Presiding Officer (FAC), Additional Labour Court, Vellore District in his proceeding dated 27.05.2016 in C.P.No.288 of 2014 and quash the same.)

When Mr.M.M.Elumalai, erstwhile workman of Tamil Nadu Electricity Board had raised a dispute in I.D.No.26/98 challenging the termination order dated 28.05.1997, the Labour Court had passed an Award directing the reinstatement along with continuity of services, backwages and attendant benefits. The petitioner herein / Management had challenged the said Award before this Court in W.P.No.23573 of 2002 which came to be dismissed for default on 09.09.2011. The restoration petition filed against the said order by the Management was also dismissed on 27.08.2013. Thereafter, the petitioners herein had not chosen to challenge the order of this Court and thus, the Award of reinstatement together with monetary benefits has become final. It is in this factual background, the workman had originally filed the claim petition in C.P.No.32 of 2012 for the period between June 1997 to February 2012 and th

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