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IN THE HIGH COURT OF JUDICATURE AT MADRAS
R.VIJAYAKUMAR, J
The Management, Fuse off Call Centre Through the Superintending Engineer Kanyakumari Electricity Distribution Circle Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO)Nagercoil – Appellant
Versus
The Labour Court Thirunelveli – Respondent
| Table of Content |
|---|
| 1. employment conditions and awards by labour court (Para 4 , 5 , 6) |
| 2. management's argument against reinstatement (Para 8 , 9 , 10 , 11 , 12 , 13 , 14) |
| 3. workmen's claims and qualifications (Para 16 , 19) |
| 4. court's determination of a sham contract (Para 26 , 29 , 30 , 31 , 33) |
| 5. direct employment established due to sham contract (Para 34 , 37 , 40 , 41) |
| 6. reinstatement and preference for workers (Para 48 , 49) |
| 7. conclusion and orders of the court (Para 50 , 51) |
COMMON ORDER
These writ petitions have been filed challenging the common award passed by the Labour Court, Tirunelveli in I.D.Nos.34, 35, 36, 38, 39, 41 and 42 of 2016 dated 02.03.2017.
2.The Labour Court has passed an award of reinstatement with backwages in I.D.Nos.35, 36 and 39 and has awarded compensation of Rs.1,00,000/- in I.D.Nos.34, 38, 41 and 42. Challenging these awards, 7 writ petitions have been filed by the management.
3.The workmen have filed four writ petitions challenging the award of the Labour Court wherein the prayer for reinstatement has been rejected and an order of compensation has been passed in lieu of reinstatement.
(A).Factual Matrix:
4.Seven workmen were initially appointed in the fus
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