S. U. T. HOSPITAL Vs. LABOUR COURT, KOLLAM

JUDGEMENT

(1.) The petitioner has approached this Court aggrieved by Ext.P7 preliminary award passed by the Labour Court, Kollam. On a perusal of Ext.P7 preliminary award, I find that the Labour Court has entered a finding that the charge sheet issued by the petitioner management to the worker was vague, and without specifying any particulars, and to that extent the enquiry that was conducted on the basis of vague and undefined allegations of misconduct was illegal.

(2.) In my view, having entered such a finding, the Labour Court should have proceeded to pass the final award itself for nothing else remained in the industrial dispute that was raised before the Labour Court, other than to grant consequential reliefs to the worker. The practice of issuing a preliminary award, pending a final award, was not appropriate to be followed in a case like this where nothing else remained except to pass a final award setting aside the enquiry proceedings and finding against the management on the issue. In the instant case, Ext.P7 is styled as a preliminary award when in reality it renders findings that are conclusive of the issue raised before the Labour Court.

(3.) I therefore close this Writ Petition with a direction to the Labour WP(C).No.16496 OF 2020 3 Court, Kollam to pass the final award in the matter within a month from today based on Ext.P7 preliminary award already passed by it, and leaving open the liberty to the petitioner herein to impugn the final award through a fresh Writ Petition, if so advised. The Registry shall communicate a copy of this judgment to the Presiding Officer, Labour Court, Kollam for further action.