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2025 Supreme(Online)(MAD) 15390

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr Justice D.BHARATHA CHAKRAVARTHY
Management Of Genau Extrusions Ltd., – Appellant
Versus
Presiding Officer, Labour Court, Salem – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr.K.Rangesh for Mr.Jayaraman & Associates
For the Respondent: Mr.S.V.Navin Prabhu for Mr.K.V.Shanmuganathan

ORDER :

The writ petition is filed challenging the Award of the Labour Court dated 17.12.2008 made in ID No.485 of 2002. By the said Award, the claim petition filed by the Workman under section 2-A (2) of the I.D.Act was allowed and the Workman was granted the reliefs of reinstatement with back wages and continuity of service and other monetary benefits besides cost of Rs.1000/-.

2. The case of the Workman is that he was employed in the Second respondent management, even though through the first respondent Contractor, on 28.06.2001. As a matter of fact, in August 2001, when he was working as the machine operator, he also suffered an injury in his right hand fore finger and the claim was also made with Employee State Insurance Corporation by mentioning him, as if, he is the employee of the second respondent management. While so, thereafter in the year 2002, with effect from 10.07.2002, suddenly, he was non employed and hence, he raised a dispute. Conciliation failed. Thereafter, the claim petition is filed.

3. The claim petition was resisted by the respondent contractor who filed a petition specifically admitting that the Workman is their Workman and not that of the second respondent

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