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Terminating Employee without internal enquiry, illegal: Labour Court orders reinstatement

SC on Reinstatement: Once Service is restored by Labour Court, its  continuity is obvious. [Read the Judgement] 

A City Labour court has held that the termination of an employee by an educational trust in the city without conducting a domestic enquiry is illegal and has directed the management to reinstate the employee along with the pending salary.

The petitioner stated that he was terminated not over his performance, but due to a misunderstanding.

R Loganathan of Madurantakam, in his petition stated that he was appointed as a sweeper in 2008 in one of the colleges run by Chennai based Sri Malolan educational trust. In June 2011, he was issued the termination order, following which he contested the same and sought salary arrears and other benefits.

The trust contended that the petitioner is a non-teaching staff and said that the labour court doesn’t have jurisdiction to entertain his plea.

The court, after perusing the submissions, set aside the termination, and directed that the salary arrears and other benefits be issued to the petitioner. 

 


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