- (1.) Delay condoned. Leave granted. Challenge in this appeal is to the final judgment and order dated 28th August, 2008 passed by the Madurai Bench of the Madras High Court in Writ Appeal (MD) No. 281 of 2008. By the impugned order, the appellate Bench has reversed the order passed by the learned Single Judge on 21st June, 2007 in Writ Petition (MD) No. 3744 of 2004 whereby the writ petition filed by the respondent- workman was dismissed and the order of his removal from the post of Watchman was upheld. The Learned Judge had come to the conclusion that the respondent- employee had himself abandoned the work.
(2.) Since the issue involved is short, with the consent of learned counsel for the respondents, who is on caveat, we proceed to dispose of the matter at this stage itself.
(3.) Learned counsel for the appellants submits that the Appellate Bench has erred in allowing the appeal without finding any infirmity in the order passed by the Learned Single Judge. The Division Bench has merely directed that the employee should be reinstated within a period of two weeks from the date of receipt of the copy of the order. It is thus, urged that being a non-speaking order, it deserves to be set aside. Learned counsel for the respondents, on the other hand, has supported the view taken by the appellate Bench.;