MANAGEMENT OF TAMIL NADU HANDLOOM WEAVERS CO-OPERATIVE SOCIETY LTD Vs. PRESIDING OFFICER LABOUR COURT CUDDALORE

JUDGEMENT

(1.) THE 2nd respondent was working as a salesman in the sales depot of the petitioner's management at Titakudy Co-optex show room. He was issued a charge memo on 23.8.1989 alleging that he misappropriated certain amounts and also falsified certain records and thereafter an enquiry was conducted. He was found guilty of the charges and based on the enquiry report, he was dismissed form service by order dated 22.4.1991. THE petitioner took up the matter of his non-employment before the conciliation officer, which ended in failure. THEreafter, he went before the 1st respondent Labour Court by raising an industrial dispute in I.D.No.485 of 1992 relating to his non-employment. THE Labour Court framed the preliminary issue as to the validity of enquiry and passed an award on 13.10.2009 holding that the enquiry conducted by the writ petitioner was not fair and proper. THE writ petitioner is now before this Court with the present writ petition to quash the aforesaid preliminary order dated 13.10.2009 in I.D.No.485 of 1992 passed by the first respondent. Notice of motion was ordered on 19.12.2009.

(2.) HEARD Mr. N. Thiagarajan, learned counsel for the petitioner and Mr.M.Hidayathulla Khan, learned counsel for the 2nd respondent.

(3.) LEARNED counsel for the second respondent submits that the second respondent was not well and therefore he sent a letter and two telegrams on 30.11.1990. The letter could have reached 2 or 3 days later. But the telegrams could have reached immediately. In any event, it is submitted that though the enquiry officer set the second respondent exparte, on receipt of the telegrams the management ought to have given opportunity by re-opening the enquiry. The learned counsel for the second respondent further contends that the preliminiary order of the Labour Court put in issue in this writ petition could be adjudicated after the final award is passed. Hence, this writ petition is not maintainable against the preliminary award.