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Madras High CourtWP/21156/2014dismissed

The Management v. G.Kumar

2023-07-10Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.07.2023

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN and M.P.No.2 of 2014 The Management, Danish Mission Higher Secondary School, Nellikuppam, Panruti Taluk, Cuddalore District represented by Correspondent V.V.J.Gurunathan ... Petitioner -Vs1. G.Kumar

2. The Presiding Officer, Labour Court, Cuddalore, Cuddalore Taluk, Cuddalore District.

... Respondents Prayer:- Writ Petition filed under Article 226 of Constitution of India for the issuance of Writ of Certiorari, call for the records and quash the Award dated 27.10.2010 passed by the second respondent (Labour Court, Cuddalore) in I.D.55 of 2009.

For Petitioner : Mr.D.Baskar For Respondents R1 : Notice served No appearance R2 : Court

ORDER

This Writ Petition has been filed as against the Award passed by the second respondent dated 27.10.2010 in I.D.55 of 2009.

2. Heard the learned counsel for the petitioner and the learned counsel for the first respondent and perused the materials available on record.

3. The only ground raised by the petitioner is that whether the labour Court has got jurisdiction to entertain the claim petition filed by the first respondent or not.

4. A perusal of records revealed that the first respondent was appointed as Scavenger in the petitioner's school on 14.09.1995.

Thereafter, he abandoned the job and as such he was removed from service. Aggrieved by the same, the first respondent raised I.D.55 of 2009, on the file of the second respondent. Thereafter, he was reinstated into service. Again he was absent for the duty. However, the first respondent raised a claim petition before the second respondent for the reason that he was not allowed to join duty. Therefore, it is very much maintainable and this writ petition is devoid of merits and is liable to be dismissed.

5. Accordingly, this writ petition stands dismissed. Consequently, connected Miscellaneous petition is closed. No costs. 10.07.2023 Internet : Yes Index : Yes/No Speaking order/Non-speaking order mn

G.K.ILANTHIRAIYAN, J.

mn To The Presiding Officer, Labour Court, Cuddalore, Cuddalore Taluk, Cuddalore District.

10.07.2023