D C M SRIRAM Vs. A R DIAL

JUDGEMENT

(1.) BY this writ petition, petitioner has challenged the legality of award dated 21-5-1996 passed by the industrial Tribunal holding that the termination of services of respondent (now deceased) Mr. A. R. Dial, was illegal entitling him to full back wages from date of his termination till date of his superannuation.

(2.) BRIEFLY the relevant facts arc that Mr. A. R. Dial was working with the petitioner as a supervisor and his last drawn wages were Rs. 1260 p. m. inclusive of allowances. He was terminated from service vide order dated 25-6-1983. The workman challenged his termination alleging that his designation of supervisor was merely a misnomer, he was not doing any supervisory or managerial/administrative duties and nature of his duties were manual, clerical and technical. He was undergoing medical treatment under intimation to the management and his services were illegally terminated. The management did not allow him medical leave He was not given any retrenchment compensation at the time of termination of services as provided under section 25f of I. D. Act. No reason was given why his services were terminated and no charge-sheet was issued to him neither he was awarded an opportunity On making grievances by Mr. A. R. Dial following dispute was referred for adjudication by the appropriate government:

(3.) THE management took the stand before the tribunal that Mr. A. R. Dial was working as a supervisor at a monthly salary of Rs. 1280 and his main duties were to Supervise the weavers, helpers and misteries numbered about 175 in his section of the shift and reporting to the Deputy Weaving Master, who was in charge of all the three shifts. In case, there was any break-down, the Iooms were repaired by the overhauling filters and mistrics and it was the function of Mr. A. R Dial to see that the work was properly done by overhauling fitters and mistries and looms were immediately attended by them. He used to assign work to the workers and supervise their production and was responsible for maintaining the shift discipline He was responsible for granting leave to workers and adjusting the workers according to the shift working need. He used to check the running maintenance work of the looms and was responsible for quality production and efficiency in the shift. He used to deal with day to-day grievances of the workers under his command. His duties were supervisory in nature and manual and clerical work performed by him was negtigible. It was not disputed that services of Mr. A. R. Dial were terminated vide order dated 25-6-1963.