DEVIKULAM ESTATE WORKERS UNION Vs. UPPER SURIANALLE ESTATE

JUDGEMENT

(1.) The petitioner is the General Secretary of the Devikulam Estate Workers' Union representing the two workmen upon whom the punishment of dismissal was imposed by the 1st respondent, the Superintendent, Upper Surianalle Estate (hereinafter-referred to as the "Management"). The Labour Court by its award, dated 20th November 1980 in I.O. No. 32 of 1970 (published in the Kerala Gazette No. 3, dated 20th January 1981) found that the charge against the workman was proved and that the punishment imposed by the Management was not liable to be interfered with.

(2.) The charge against the workmen was:

(3.) Consequently a dispute arose between the Management and the union representing these workmen. It was referred by the Government under S.10 of the Industrial Disputes Act to the Labour Court, Quilon. The union contended before the court that the domestic enquiry on the basis of which the punishment was purportedly imposed was invalid for the reason that the rules of natural justice had been violated. It was also contended that, in any view of the matter, the punishment of dismissal on the ground of absence from duty for more than 10 consecutive days at a time when the workmen were in capable of attending to duty owing to their imprisonment was grossly disproportionate to the alleged misconduct. It was further contended that the punishment of dismissal was an act of victimisation against the workmen owing to their trade union activities. The Labour Court by its award, dated 30th August 1975 found that the domestic enquiry was proper, and that the workmen were not heard in person for no fault of the Management, but on account of their own fault in getting themselves involved in an incident which led to their arrest and conviction. Having found that the domestic enquiry was proper, the court held that the punishment of dismissal could not be interfered with. The award of the court was challenged on behalf of the workmen in O.P. No. 673 of 1976. Chandrasekhar Menon, J., by his judgment, dated 25th October 1977, upheld the contention of the workmen that the domestic enquiry conducted in their absence during their imprisonment was invalid. The award was accordingly set aside and the Labour Court was directed to take back the matter on its file and dispose of the same according to law. The Management appealed against that judgement in Writ Appeal No. 51 of 1978. A Division Bench of this Court dismissed the Writ Appeal and directed the Labour Court to conduct a denove enquiry into the charge, as directed by Chandrasekhar Menon, J. The matter was accordingly considered afresh by the Labour Court and it came to the conclusion that the charge against the workmen was proved. So stating the court held: