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2023 Supreme(Mad) 1666

M. S. RAMESH
General Manager, Tamil Nadu State Transport Corporation (Villupuram) Limited, Cuddalore – Appellant
Versus
K. Ramamoorthy – Respondent


Advocates appeared:
For the Petitioner:M. Aswin, Advocate. For the Respondent:R. Muralidharan, Advocate.

JUDGMENT

(Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Certiorari, calling for the records pertaining to the order dated 15.03.2021 passed by the Labour Court, Cuddalore in Claim Petition No.21 of 2019.)

1. The respondent herein, while serving under the petitioner / Corporation was levelled with certain charges under a charge memo dated 09.01.2016. Consequently, an inquiry was conducted and through the inquiry report dated 22.04.2016, the charges were held to be proved. In view of the proven charges, the petitioner / Corporation had dismissed the respondent through an order dated 18.07.2016. Initially, the respondent had challenged the order of dismissal before the Labour Court, Cuddalore in I.D. No.34 of 2016 on 05.10.2016. However, since the respondent was of the view that the order of dismissal is invalid, in the absence of an application under Section 33 (2)(b) of the Industrial Disputes Act, 1947 [hereinafter referred to as “ID Act”], he had withdrawn I.D.No.34 of 2016 on 06.08.2019. Consequently, he had filed an application under Section 33 (C) (2) of the ID Act in C.P.No.21 of 2019, claiming that the order of dismissal dated 18

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