MANAGEMENT OF SUNDARAM FASTENERS LIMITED Vs. PRESIDING OFFICER

JUDGEMENT

(1.) The writ petition is filed to quash the award of the first Respondent made on 18.6.2008 in I.D. No. 433 of 2004.

(2.) The brief facts which are relevant for consideration herein are as follows:

(3.) According to the Petitioner, as the second Respondent deliberately refused to work: resulting in reduction in the production target, the management invoking the terms, cut his wages to make pro-rata payments to the Petitioner and the management also initiated disciplinary proceedings and framed charges on 13.12.2002 and 17.2.2003 for certain misconduct and separate domestic enquiry was conducted in respect of two charges and the enquiry officer submitted his report holding the second Respondent guilty of the misconduct to the disciplinary authority and he was issued with 2nd show cause notice and he submitted his explanation and as the same was not satisfactory and as the misconduct committed by him was serious in nature, he was removed from service. Challenging his removal from service, he adjudicated I.D. No. 433 of 2004. While the employee adduced both oral and documentary evidence, the management adduced only documentary evidence before the Labour Court. The first Respondent Labour Court held the enquiry to be fair and proper, however, found the charges levelled against the second Respondent to be superficial in nature on the ground that the second Respondent achieved 75% production target and had unblemished service for 14 years and non-examination of any of the workmen as one of the management witnesses in the domestic enquiry vitiated the finding of the enquiry officer and the order of dismissal was disproportionate to the charges proved against the second Respondent and hence, allowed I.D. by ordering reinstatement of the second Respondent with back wages and other monetary benefits. The correctness, the validity of the order of the Labour Court is challenged herein.