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2025 Supreme(Online)(MAD) 6438

IN THE HIGH COURT OF JUDICATURE AT MADRAS
DR. JUSTICE A.D. MARIA CLETE, J
Tamil Nadu Private Professional Colleges – Appellant
Versus
P.ganesh Son Of Periyasamy, – Respondent


Advocate Appeared:
For the Appellant :Mr. Abishek Jenasenan, Advocate For M/s. Abishek Jenasenan, Aparajitha Vishwanath and Arun Dhanapalan, Advocates
For the Respondent:Mr.S.Sathish, Advocate For M/s. S.Sathish, K.Rangesh and S.Meenakshi Sundaram, Advocates

JUDGMENT :

A.D. Maria Clete, J.

Heard.

2. The writ petitioner, an educational agency managing multiple educational institutions and registered as a society under the Tamil Nadu Societies Registration Act, with its headquarters in Chennai, has filed the present writ petition challenging the Award passed by the II Additional Labour Court, Chennai, in I.D. No. 101/2011 dated 06.11.2019. By the said Award, the Labour Court held that the non-employment of the Respondent was not valid. However, instead of ordering reinstatement, it directed the payment of compensation in lieu of reinstatement, quantified at Rs. 5 lakhs, to be paid within three months.

3. The writ petition was admitted on 06.01.2021, and an interim stay on the operation of the Award was granted. Upon notice, the Respondent entered an appearance through their counsel.

4. It is seen from the records that the Respondent workman was appointed as a Data Entry Operator on probation with effect from 31.01.2005. Upon successfully completing his probation, he was designated as a Junior Assistant with a salary of Rs. 4,500 per month. However, by an order dated 16.04.2009, after completing four years of service, he was relieved from his

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