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2009 Supreme(Mad) 2864

H.L.GOKHALE, D.MURUGESAN
The Management of Bharathan Publication (P) Limited – Appellant
Versus
The Labour Officer-III & Another – Respondent


Advocates appeared:
For the Appellant:V. Karthik for M/s. T.S. Gopalan & Co., Advocates.
For the Respondents:R1, Raja Kalifulla, GP, R2, S. Vaidyanathan, Advocate.

Judgment :-

H.L. Gokhale, C.J.

Heard Mr.Karthik, learned counsel in support of this appeal. Mr.Raja Kalifulla, learned Government Pleader appears for the first respondent and Mr.S.Vaidyanathan, learned counsel appears for the second respondent.

2. The appellant is a Printer and Publisher of books. The second respondent is a Union of Employees and the dispute in the present matter is concerning one Mr.G.Karunakaran, who was suspended on 09th September 2006. The second respondent Union raised a demand on 14th September 2006. The demand notice had various demands, one of which was to revoke this order of suspension. The Labour Officer/Conciliation Officer, to whom the demand notice was sent, issued a summons to the parties to appear before him on 27th September 2006. Thereafter, it appears that the matter was being attended by him on a number of days. It so transpired that during the pendency of this proceedings before the Conciliation Officer, Mr.Karunakaran was dismissed on 22nd April 2007.

3. Being aggrieved by that dismissal, the second respondent Union filed a compliant to the Conciliation Officer under Section 33-A of the Industrial Disputes Act, 1947 (hereinafter will be referre




















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