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2006 Supreme(Mad) 918

A.P.SHAH, PRABHA SRIDEVAN
Arasu Viraivu Pokkuvarathu Oozhiyar Sangam – Appellant
Versus
State Express Transport Corporation Ltd. – Respondent


Advocates Appeared: For the Appellant :Mr. K. Chandru, Senior Counsel, Mr. D. Hari Paranthaman, Advocate. For the Respondent:R1, Mr. R. Thiagarajan, Senior Counsel, Mr. L.G. Sahadevan, Advocate.

Judgment :-

(Prayer: Writ Appeal filed under Clause 15 of the Letters Patent against the order of a learned single Judge of this Court dated 15.3.2006 in W.P. No.32986 of 2005.)

A.P. Shah, C.J.

Appeal is admitted.

2. We have heard learned counsel appearing for the parties finally in this appeal. It is being disposed of by this judgment.

3. The question involved in this appeal at the instance of the Workmen’s Union pertains to the legality and validity of the order of the first respondent Corporation, whereby the workmen have been reverted from the post of Data Entry Operators (DEO) to conductor/technical staff and calls for a decision as to whether the said order was in violation of Section 33(1)(a) of the Industrial Disputes Act, 1947 (for brevity sake, hereinafter referred to as the ‘Act’). A few relevant facts are required to be noted at this stage.

4. The appellant is a Trade Union registered under the Trade Unions Act, 1926. The first respondent is a company under Section 617 of the Companies Act, wholly owned, controlled and administered by the Government of Tamil Nadu. The respondent/Corporation is operating long distance passenger transport services all over Tamil Nadu an








































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