MANAGEMENT OF MACLELLAN INTEGRATED SERVICES INDIA PVT LIMITED Vs. M RAVI
HIGH COURT OF MADRAS
Management Of Maclellan Integrated Services India Pvt Limited
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C.V.Karthikeyan, J. -
(1.) The appellant had filed the present Writ Petition questioning dismissal of the Writ Petition filed in W.P.No. 5976 of 2009 which had come up for consideration before the learned Single Judge of this Court on 23.09.2011, who by order of even date, had rejected the relief sought, namely, to set aside the order dated 23.12.2008 in I.D.No. 480 of 2000 on the file of the Principal Labour Court, Chennai.
(2.) The first respondent M.Ravi, workman was recruited by the appellant, Management of Maclellan Integrated Services India Pvt. Limited. The workman was appointed and his service was confirmed on 01.08.1999. Alleging that he had stopped reporting to duty, two letters were sent to him on 15.02.2000 and 06.03.2000 and thereafter he was terminated from service by order dated 13.03.2000. Enquiry was not conducted before the said order of termination.
(3.) The first respondent/workman raised an Industrial Dispute under Section 2-A of the Industrial Disputes Act 1947. Since conciliation failed, the dispute was taken on file as I.D.No. 490 of 2000 by the Principal Labour Court, Chennai. Notices were issued and the parties entered appearance and contested the case, by adducing oral and documentary evidence. On analysis of the evidence, the Labour Court came to a conclusion that the first respondent/Workman was an employee of the appellant/contractor and also that termination was made without any enquiry. The Labour Court specifically held that the termination was covered under Section 2(oo) read with Section 25F of the Industrial Disputes Act 1947 and consequently held that he was entitled to the relief of reinstatement with back wages.;
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