ADEECCO INDIA PRIVATE LIMITED Vs. LABOUR COURT

JUDGEMENT

(1.) The petitioner, an employer, has filed the present writ petition impugning the Award passed in Ext.P7 by the Labour Court, Ernakulam, on 25/2/2020 in Industrial Dispute No.21 of 2017. The Labour Court, vide the impugned Award, has directed the petitioner-management to reinstate the second respondent, the workman, with full back wages, continuity of service, and all other attendant benefits.

(2.) The petitioner is a licensed contractor having a license issued under the Contract Labour (Regulation and Abolition) Act 1970. The petitioner had entered into a contract with M/s Cipla Limited, the 3rd respondent, for the supply of depot workers for carrying various items of work such as packing, loading etc. The petitioner had deployed 38 workmen, including the 2nd respondent, in the Cochin Depot of the 3rd respondent Company. The 2nd respondent/workman, while employed on the premises of the 3rd respondent, was involved in serious misconduct of sexual harassment.

(3.) The learned Counsel for the petitioner has submitted that the 2nd respondent/workman was given full opportunity before the ICC who participated in the enquiry conducted by the ICC. The ICC report was provided to the workman with a show-cause notice. The workman filed his reply to the show cause notice, and after considering the reply, a decision was taken to inflict the punishment of dismissal from service as the misconduct was of grave and serious nature. The workman has never challenged the ICC enquiry report. The Management was obliged to take action within sixty days of the date of the report of the ICC. All due procedure was followed, and therefore, the finding of the learned Labour Court that there was a violation of the principles of natural justice is not correct, and the impugned Award is against the law and liable to be set aside.