K CHANDRAN Vs. PRESIDING OFFICER

JUDGEMENT

(1.) THE prayer in the writ petition is for issuance of writ of Certiorarified Mandamus to quash the award passed by the Labour Court, Coimbatore in I.D.No.111 of 1997, dated 11.09.2001, in so far as it deprives the petitioner backwages and other attendant benefits and consequently direct the second respondent to pay the petitioner's backwages and other attendant benefits from the date of dismissal.

(2.) THE facts which are necessary for the disposal of the writ petition could be briefly stated as follows:- THE petitioner was a workman in the Estate owned by the second respondent and on 25.05.1984, when he returned to his quarters after finishing his days work, he received information that his mother, who was in their native place, was seriously ill and therefore, he went to see his mother and while in his native village, he fell sick and therefore he could not return to duty immediately. That, he informed about his sickness to the second respondent and sought for medical leave. After taking treatment from 26.05.1984 to 16.06.1984, petitioner reported for work along with medical certificate, but he was not allowed to join duty and was issued a memo dated 23.06.1984. THE petitioner submitted his explanation on 27.06.1984 and thereafter another charge memo dated 07.07.1984 was issued, alleging that the petitioner was involved in the theft of green tea leaves. After enquiry, the petitioner was dismissed from service by order dated 06.12.1984. Criminal prosecution was also launched against the petitioner and seven others, but the respondent took disciplinary action only against the petitioner and two other workmen namely Vijayan and Somasundaram. THE said two workmen were also dismissed like the petitioner. It is submitted that the criminal case ended in acquittal by Judgment dated 03.06.1987 and the petitioner demanded reinstatement and it was not acceded to and the petitioner went before the Labour Officer and the conciliation proceedings ended in a failure report dated 18.02.1986 and no orders were passed by the Government on the failure report. THEreafter, the petitioner raised an Industrial Dispute on 12.02.1990 under Section 2(A) of the Industrial Disputes Act (hereinafter referred to as the 'Act') and from the counter filed by the management, the petitioner came to know that the Government by order dated 19.11.1986 declined to refer the dispute. THE petitioner requested the Government to reconsider the matter, gave representation to the Honourable Minister for Labour and once again went before the conciliation officer, which ended in a failure report and the Government declined to refer the dispute to the Labour Court and ultimately, the petitioner raised another dispute before the Deputy Commissioner of Labour and after receiving the failure report, raised the dispute in I.D.No.111 of 1997, which was taken up for adjudication by the first respondent. THE Labour Court by award dated 11.09.2001, directed reinstatement without backwages and attendant benefits. As against the denial of backwages and other attendant benefits, the petitioner workmen has filed this writ petition.

(3.) I have heard the submissions on either side and perused the materials available on record.