MNAGER LAHAI ESTATE Vs. PRESIDENT

JUDGEMENT

(1.) Ext. P1 Award passed by the Labour Court, Kollam ordering reinstatement of the additional 3rd respondent in service of the petitioner / Management with backwages is the issue involved in this Writ Petition.

(2.) The sequence of events is as follows: The additional 3rd respondent (hereinafter referred as 'Worker') was a rubber tapper engaged by the Management in their estate. According to the Management, she committed theft of 2 Kgs of dried latex and 200 gms of freshly collected rubber from the estate; which was recovered from her residence, pursuant to the search conducted at 4.30 PM on 20/06/1990, when the room was checked by the Field Officer in the presence of Assistant Manager and Assistant Field Officer, leading to the disciplinary proceedings, issuing charge sheet and conducting enquiry in this regard. The misconduct on the part of the worker also led to a criminal case filed before the concerned Magistrate's Court. Pursuant to the enquiry, the delinquent employee was found as guilty on proving the charges levelled against her and she was dismissed from service w.e.f. 17/08/90.

(3.) Subsequently, as per judgment dated 15/06/1992 in CC 329 of 1990, the Judicial Magistrate of First Class, Ranni acquitted the accused (Worker) under S.248(1) of the CrPC, holding that the prosecution had failed to prove the case. The Worker represented through the Union had raised an industrial dispute, which was referred to be adjudicated by the second respondent / Labour Court, pursuant to which, it was numbered as ID 84 of 1994, to decide the matter as to whether the dismissal of Smt. Janamma (concerned worker) was justifiable.