PARAMEKKAVU DEVASWOM Vs. RAMCHANDARAN

JUDGEMENT

(1.) This Original Petition arises from an award passed by the Industrial Tribunal, Palakkad in I.D. No.48/99. A dispute had been raised by the 1st respondent herein about the termination of his services, after a formal domestic enquiry had been held. The 1st respondent was employed as a watchman by the management of Paramekkavu Devaswom, Thrissur. He was appointed from 1.1.1993 and his service were terminated on 30.7.1997.

(2.) The Tribunal had to answer the preliminary objection as to whether the workman concerned was entitled to claim the privileges of a workman, as an objection had been raised that the management did not come within the purview of an industry as defined under S.2(j) of the Industrial Disputes Act.

(3.) Though an enquiry had been held, for want of full records, the request of the management for permission to adduce materials de novo had been accepted. Opportunity had been given to them to prove the allegations. After evaluation of the materials so placed, the Tribunal held that it was a case where workman was entitled to reinstatement. Taking notice of delay on his part to agitate the issue 25% of the back wages had been directed to be with held. The Devaswom has filed this Original Petition pointing out that the Tribunal had overlooked its objections without sufficient justification. They did not deserve to be characterised as an industry. Also in view of the allegations, and resultant loss of confidence, they plead that even if it is found that there is any disproportionality in punishment, the relief of reinstatement in no circumstances should have been granted.