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D.MURUGESAN
MANAGEMENT OF BLUE STAR LTD. – Appellant
Versus
PRESIDING OFFICER, FIRST ADDITIONAL LABOUR COURT – Respondent


Advocates Appeared:
For The Appellant : S. Ravindran, for T.S. Gopalan and Co.
For The Respondent: N.G.R. Prasad, for Row and Reddy

ORDER :

D. Murugesan, J.—The petitioner is the management of Blue Star Ltd., Chennai. The second respondent was dismissed from service for certain alleged misconducts and at his instance, a dispute was raised which was adjudicated in Industrial Dispute No. 979 of 1991 by the First Additional Labour Court, Chennai. By award, dated July 24, 1995, the order of dismissal was set aside with a direction to the writ-petitioner to reinstate the second respondent in service with full back wages, continuity of service and other attendant benefits. Questioning the said award, the management has filed this writ petition.

2. Though the High Court while exercising its jurisdiction under Article 226 of the Constitution of India, does not constitute itself as appellate authority over the award of the Tribunal to reappreciate the evidence and come to a different conclusion, considering the nature of lengthy arguments advanced by the learned counsel for the petitioner, by drawing attention of this Court to the evidence, the following facts are necessarily to be stated only to find out as to whether the findings of the Labour Court is perverse.

3. The second respondent was employed as A.C. & R Mechanic

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