By order dated 06.02.1995, the Labour Court allowing the appeal and setting aside the order dated 02.04.1992 held that if the proposed amendment is allowed, it would cause immense prejudice to the rights of the workmen and further the employer would likely to misuse this new ground of punishment mostly for their benefit.
The appellant felt aggrieved of the order of the Labour Court and filed the writ petition in the High Court at Madras questioning therein the legality and companyrectness of the order of the Labour Court.
They, however, need mention in brief infra to appreciate the short companytroversy.
2675 of Signature Not Verified 2002 whereby the Division Bench of the High Court Digitally signed by ANITA MALHOTRA Date 2018.11.02 170517 IST Reason dismissed the Writ Appeal and affirmed the order of the Labour Court and Single Judge.
It is against this order the appellant employer has felt aggrieved and filed the present special leave to appeal in this Court.
It was also held that apart from these two reasons, it would also defeat the object of the Payment of Gratuity Act while calculating the employees companytinuous service as defined under the Payment of Gratuity Act which provides for different modes of calculation.
Having heard the learned companynsel for the parties and on perusal of the record of the case and the written submissions, we find numbermerit in this appeal.
By order dated 19.07.2002, the learned Single Judge dismissed the appellants writ petition which gave rise to filing of the intra companyrt appeal by the appellant employer before the Division Bench of the High Court.
By impugned order, the Division Bench dismissed the appeal and affirmed the order of the Labour Court and Single Judge.
The Workers Union Respondent No.1 felt aggrieved by the order dated 02.04.1992 filed appeal in the Labour Court.
On 02.04.1992 the third respondent Joint Commissioner of Labour allowed the said application of appellant and permitted them to amend their certified standing orders by adding brake in service as one new ground in Clause 16 of the Chapter of Punishment in Certified Standing Orders.
Abhay Manohar Sapre, J. This appeal is filed against the final judgment and order dated 13.08.2007 passed by the High Court of Judicature at Madras in W.A. No.
Facts of the case lie in a narrow companypass.
