S. M. SUBRAMANIAM
Superintending Engineer, Tamil Nadu Generation & Distribution Corporation Limited, Villupuram – Appellant
Versus
S. Murugan – Respondent
JUDGMENT
(Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari, calling for the records relating to the award passed by the 2nd respondent made in C.P.No.267 of 2009 dated 31.05.2012, quash the same.)
1. The Award dated 31.05.2012 passed in C.P.No.267 of 2009 is under challenge in the present writ petition.
2. The writ petitioner, who is the Tamil Nadu Generation and Distribution Corporation Limited, questioned the order passed by the second respondent on the ground that the first respondent was a Casual Labourer. That apart, the petitioner is having its own service conditions. The first respondent admitted before the Labour Court that he did not appear before the Committee constituted, pursuant to the report of Justice Khalid Commission. Justice Khalid Commission was appointed for the purpose of absorbing the Contract Labourers.
3. When the first respondent had not even appeared before the Committee constituted, there is no reason to consider the claim set out in the application filed by the first respondent before the second respondent-Labour Court.
4. The first respondent had not worked as a Contract Labourer and therefore,
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