MANAGEMENT NORTH ARCOT AD DRAVIDAR WELFARE SCHOOL TEACHERS CO OPERATIVE THRIFT AND CREDIT SOCIETY Vs. PRESIDING OFFICER LABOUR COURT VELLORE

JUDGEMENT

(1.) This appeal filed by the appellant-management is directed against the judgment dated 8th April, 2009 passed in W.P.No.28457 of 2004 whereby the learned single Judge dismissed the writ petition and affirmed the award passed by the Presiding Officer, Labour Court, Vellore. By the said award, the Labour Court set aside the order of dismissal of the second respondent and directed reinstatement with full backwages.

(2.) The facts of the case lie in a narrow compass:- The second respondent was working as a clerk in the appellant society since April, 1990. On 30th August, 1993, a charge memo was issued alleging that the second respondent caused certain loss to the appellant society by failing to update the accounts maintained by him. An enquiry was ordered. But, immediately thereafter, a second charge memo was issued on 27th December, 1993 alleging that the second respondent had misappropriated a sum of Rs.44,491/- . Again another charge memo dated 7th January, 1994 was issued to the second respondent alleging that he had caused the loss of certain articles during shifting of the office of the appellant society. While an enquiry was ordered, in the meantime, the second respondent was directed to deposit a sum of Rs.3493.95/- for the missing articles, and further he was ordered to pay a sum of Rs.44,491/- to the appellant society for the alleged loss said to have been caused to the society. After holding the enquiry ex-parte, a report was submitted on 17th August, 1994 by which the Enquiry Officer held that the charges leveled against the second respondent were proved. Consequently, the second respondent was dismissed from service.

(3.) Aggrieved by the order of dismissal, the second respondent raised an industrial dispute, which was referred to the Labour Court for adjudication. The Labour Court, after examining the entire facts of the case, and on analyzing the evidence adduced by the parties, set aside the order of dismissal and directed reinstatement of the second respondent along with continuity in service and backwages. The appellant society challenged the said award by filing the aforementioned writ petition before this Court mainly on the ground that the Labour Court has no jurisdiction to pass an award in the Industrial Dispute raised by the second respondent in view of Section 156 of the Tamil Nadu Cooperative Societies Act, 1983 and further on the ground that since the second respondent had voluntarily abstained himself from the departmental enquiry conducted against him, it cannot held that the enquiry was not conducted in a fair and proper manner and that the principles of natural justice has been violated.