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M. S. RAMESH
Abey Thomas – Appellant
Versus
Special Deputy Commissioner of Labour, Chennai – Respondent
JUDGMENT
(Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus, calling for the concerned records from the 1st respondent, quash the order of the 1st respondent TNSE1/22/2011 dated 27.08.2013 as illegal, arbitrary and contrary to law and consequently direct the respondent No.2 and 3 to reinstate the petitioner in service with full back wages, continuity of service and all other attendant benefits, award costs and render justice.)
1. The brief facts of the case are as follows:
(i) The petitioner herein is a “person employed” under the second and third respondent “Establishment” as defined under the 'Tamil Nadu Shops and Establishments Act, 1947' (hereinafter referred to as 'the Act'). On 01.05.1982, the petitioner joined the Establishment as a Secretary cum Reservation / Ticketing Assistant. On 01.06.2001, he was transferred to Chennai and his last held designation was that of a Passenger Sales Officer-II. Owing to restructuring of the Establishment, the position of Passenger Sales Officer had become redundant and accordingly, the post / designation was abolished. Consequently, by an order dated 21.02.2008, the petitioner
An employee receiving retrenchment compensation under protest is entitled to challenge the termination, but the abolition of a redundant post due to organizational restructuring justifies termination....
Acceptance of full terminal benefits without protest bars reinstatement claims post-retirement.
Reinstatement is the default remedy for unlawful termination under Section 25F of the Industrial Disputes Act, emphasizing the necessity of due process.
In cases of illegal termination, reinstatement with back wages is the norm, but courts may instead award reasonable compensation based on the context of service and misconduct.
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