SHIBU S Vs. LEENA ALEX

JUDGEMENT

(1.) The petitioner is mainly aggrieved by the impugned Exhibit-P1 award dated 5.12.2009 rendered by the Industrial Tribunal, Kollam, in Industrial Dispute No.8 of 2006 whereby it was held that the order issued by his employer dismissing him from service as a bus cleaner is justifiable and that no interference of the Tribunal is necessitated on the said industrial dispute, etc.

(2.) It is the case of the petitioner that he had entered service of the first respondent management (School) as bus cleaner on 10.6.1992 for a salary of Rs.2, 100/- per month. That later he was denied his employment on 24.8.2005 due to the claim of increase in wages and other allowances. The petitioner through his Union (second respondent) had taken up the matter with the Deputy Labour Officer, Punalur, seeking his reinstatement to the service of the management. The management put up the the plea that it is running a school having more than 1500 students and that 60 employees are working as teaching and non-teaching staff. The petitioner was a cleaner of the bus of the school and that he had committed serious misconduct against the founder-Manager of the school, one Sri.Yohannan, who was aged more than 72 years old. Based on the serious misconduct committed by the petitioner, the management had suspended him from service as per order dated 24.8.2005 and charge memo was issued to him and a domestic enquiry was conducted through an Advocate. Though the petitioner had appeared for the first three days of the domestic enquiry proceedings, thereafter, he had chosen not to participate in the enquiry proceedings. The founder Manager of the school had tendered evidence as DW1. The enquiry officer found that the evidence adduced by the management would show that the petitioner is guilty of the alleged charges. Thereafter, the school management had issued orders dismissing the petitioner from service on 6.1.2006. The second respondent herein, who is the Union, to which the petitioner belong had raised an industrial dispute and the State Government had issued G.O.(Rt) No.1763/2006/LBR dated 29.7.2006 referring the industrial dispute for adjudication by the Industrial Tribunal, Kollam. The said Industrial Tribunal, Kollam, had registered the industrial dispute as I.D.No.8 of 2006. The Union had espoused the petitioner in the said industrial dispute and the petitioner had not chosen to get himself impleaded in the said proceedings.

(3.) Before the Industrial Tribunal, the Union did not chose to appear and adduce evidence and therefore, the Industrial Tribunal was constrained to set the said Trade Union ex-parte. The domestic enquiry officer had adduced evidence before the Industrial Tribunal as MW1. After perusal of the evidence adduced by the management, the Industrial Tribunal came to the considered conclusion that there is clear evidence to establish and prove the misconduct committed by the workman as against the founder Manager of the school. It has come out in evidence before the domestic enquiry officer that the petitioner had abused and misbehaved with the founder Manager of the school, who was more than 72 years old. The Industrial Tribunal was satisfied that the said evidence would clearly prove the misconduct of the workman and that no interference is called for the order of dismissal which imposed on the workman. Exhibit-P1 is the award dated 5.12.2009 rendered by the Industrial Tribunal, Kollam, in that regard. It is this award at Exhibit-P1 which is under challenge in this Writ Petition. The prayers in this Writ Petition filed on 4.2011 are as follows :