High CourtsSingle Bench(1998) 12 MAD CK 0026

Hotel Tamil Nadu (A unit of Tamil Nadu Tourism Development Corpn. Ltd.) vs Presiding Officer, Labour Court and Others

Madras High Court · Decided on 3 December 1998 · Citation: (2001) 3 LLJ 10

HON’BLE JUDGES
Toom Meenakumari, J
RESULT
Dismissed
CASE NUMBER
Writ Petition No. 10671 of 1990

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Judgment

12 paragraphs · 251 words

Toom Meenakumari, J.—This writ petition is filed for issuance of a writ of certiorari calling for the records of the first respondent in I.D. No

26S of 1985 and quash his award, dated October 27, 1989.

2.

When the case came up for hearing, Sri T.S. Gopalan, learned counsel appearing for the petitioner, has contended that the Labour Court was

not right in observing that the second respondent workmen have worked for more than 240 days, that there was no basis for the above

observation of the Labour Court, and that it was not supported by any material.

3.

However, a reading of the award passed by the Labour Court shows that the petitioner-management has not proved their contentions

satisfactorily by producing the documents before the Labour Court. As there was no evidence to show that the workmen have worked for less

than 240 days, the Labour Court has come to the conclusion that the workmen have worked for more than 240 days. The other finding by the

Labour Court is that the petitioner-management has not followed the provisions of Section 25-F of Industrial Disputes Act. Basing on the above

and also relying upon number of decisions, the Labour Court has given the relief of reinstatement with continuity of service. In view of the above, it

can be said that the Labour Court has passed a reasonable order and I see no reason to interfere with the order of the Labour Court. With the

above observation, this writ petition is dismissed.