The high court disposed of a writ petition challenging a labour court award dismissing a workman's employment claim. Finding the enquiry officer's conclusion regarding indiscipline correct despite laches, the court dismissed the petition.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 01.11.2018
CORAM
THE HON'BLE DR.JUSTICE S.VIMALA W.P.No.19287 of 2004 and W.M.P.No.38266 of 2004
V.Panneer ...Petitioner
Vs
1.The Presiding Officer The Principal Labour Court, Chennai.
2.The Managing Director Metropolitan Transport Corporation (Chennai Division-II), Ltd., Anderson Street, Chennai - 600 023. ....Respondents
For Petitioner : M/s.N.A.Nissar Ahmed Government Advocate For Respondents : Mr.M.Chidambaram - for R2 R1 - Labour Court
Prayer : Writ Petition filed under Article 226 of the Constitution of India seeking a writ of Certiorari calling for the records of the first respondent dated 20.11.2003 received by the petitioner on 18.02.2004 in I.D.No.238 of 1998 and to quash the same.
O R D E R
This writ petition has been filed by the workman, challenging the award passed by the labour court dated 20.11.2003 in I.D.No.238 of 1998. The labour court has held that non employment of the petitioner is justified and the petitioner is not entitled to any relief.
3.1. Learned counsel for the workman submits that eventhough it is alleged that there is a delay of 20 years, it is not so, because in the mean time he was pursuing the matter before the
High Court, in which a finding has been given that the workman shall move the labour court, and therefore there is no delay.
Sd/-
Assistant Registrar(CS V)
//True Copy//
Sub Assistant Registrar
KST
To
1.The Presiding Officer The Principal Labour Court, Chennai.
2.The Managing Director Metropolitan Transport Corporation (Chennai Division-II), Ltd., Anderson Street, Chennai - 600 023.
+1cc to Mr.N.A.Nissar Ahmed, Advocate, S.R.No.75973
+1cc to Mr.M.Chidamsaran, Advocate, S.R.No.75073
W.P.No.19287 of 2004
GP(CO)
rrs 27/11/2018
3 issues framed by the court
Whether the high court should interfere with the labour court award holding non-employment justified.
Whether the delay in filing the writ petition due to laches prevents the claim.
Whether the criminal acquittal on charge of Section 307 IPC warrants a fresh perspective in disciplinary proceedings.
1 provisions across 1 enactments
V.Panneer
The Presiding Officer The Principal Labour Court, Chennai
The Managing Director Metropolitan Transport Corporation (Chennai Division-II), Ltd.
VIMALA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
