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IN THE HIGH COURT OF JUDICATURE AT MADRAS
B.Pugalendhi, J
N.Balasubramanian – Appellant
Versus
The Management of Sri Durairaj Spintex (Balaji Modern Spinners Limited) – Respondent
| Table of Content |
|---|
| 1. claim of unlawful termination and procedural violations. (Para 1 , 2) |
| 2. arguments addressing the legality of transfer and termination. (Para 3 , 4) |
| 3. requirement of procedural notice under section 9a. (Para 7 , 8) |
| 4. final ruling regarding back wages and employment conditions. (Para 11 , 12) |
ORDER
The petitioner has raised an industrial dispute before the Labour Court that he has been orally terminated and the Labour Court by its award dated 23.09.2016 rejected the industrial dispute raised by the petitioner. Aggrieved over the award the petitioner has filed this writ petition.
2.The learned counsel for the petitioner submits that the petitioner was originally engaged by the 2nd respondent's sister company namely Madras Spinners Limited in the year 1972 and he was transferred and deputed to the 2nd respondent mill on 01.03.1995. He was dealing with the tax matters in the 2nd respondent mill. He was insisted to fabricate the records for the purpose of tax evasion, the petitioner has not yielded to the same. Therefore, the petitioner was transferred by the 2nd respondent to Kolumamkondan land to look after his work on 28.08.1999. In that place there is no unit function
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