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S. VAIDYANATHAN, R. KALAIMATHI
State of Tamil Nadu rep. by the Divisional Engineer (Highways & Rural Works), Tanjore. – Appellant
Versus
J. Abraham – Respondent
JUDGMENT
(Prayer: Writ Appeal filed under Clause 15 of Letters Patent to set aside the order dated 08.12.2014 passed in W.P.No.12884/2006 and to allow the Writ Appeal.)
S. Vaidyanathan, J.,
1. Mr. D. Nellaiyappan, learned Counsel appeared and submit that he has already returned the papers to the employee-1st respondent and does not hold vakalath. His submission is recorded.
2. The 1st respondent has been served and there is no representation on his behalf.
3. The present Writ Appeal has been preferred against the order of the learned Single Judge dated 08.12.2014 passed in W.P.No.12884/2006 in setting aside the award of the Labour Court, Cuddalore, and directing the Management to employ the workman as an NMR as there is a violation of Section 25-F of the Industrial Disputes Act, 1947, and in the light of the judgment of this Court reported in 1996 (2) LLJ 216 in Srirangam Co-operative Urban Bank Limited, Srirangam v. Labour Court, Madurai.
4. In the case on hand, the employee contended that he was employed under the Management on 02.07.1985 as an NMR and that he was getting a salary of Rs.525/- p.m. He would further contend that without any rhyme or reason, he was deprived of employment
In absence of any evidence produced by the petitioner workman establishing that he had worked under the Respondent continuously for 240 days and, coupled with the fact that the industrial dispute has....
Significant delay in raising an industrial dispute is fatal to the workman, justifying dismissal of claims under the Industrial Disputes Act.
Significant delay in raising an industrial dispute is fatal to the workman's claim, and stale disputes cannot be referred under Section 10 of the Industrial Disputes Act, 1947.
The main legal point established in the judgment is that reinstatement without back-wages can be justified based on the violation of Section 25(G) & 25(H) of the Industrial Disputes Act, 1947, suppor....
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