EXECUTIVE ENGINEER OPERATION AND MAINTENANCE THIRUVANNAMALAI DISTRICT Vs. CIRCLE SECRETARY TAMIL NADU MINKAZHAGA KANAKKAYAR AND THIRUVANNAMALAI

JUDGEMENT

(1.) THE present writ petition is directed against the award passed by the labour Court in I.D.No.400/2000, dated 14.02.2002.

(2.) WHILE C.Sundaram, Assessor was working under the control of the petitioners' Board, the said assessor was attached to Periyakundaram Section and performing the assessment of current consumption charges for the service connection 188 and said to have committed certain acts of misconduct. Because, the said assessor used to charge the consumption without visiting the respective houses and taking the correct meter reading and thereby, has failed to discharge his duties properly. He was charge sheeted for his laziness, lethargy and unfaithful performance of duties. After receiving show cause notice as well as charge sheet alleging serious misconduct committed by Sundaram, the said Sundaram did not submit his explanation. Further, in order to give him reasonable opportunity to defend the case, a domestic enquiry was conducted. The enquiry officer, after evaluating the evidence placed before him, proceeded exparte and after completion of the enquiry, submitted his report. The disciplinary authority, having seen the serious nature of charges levelled against the said Sundaram, imposed the punishment of stoppage of increment for one year without cumulative effect. Aggrieved by the said order, the Union, on behalf of the said Sundaram, raised an industrial disputes before the labour Court. The labour Court without considering the facts that the delinquent employee Sundaram without visiting an individual house to find out the correct consumption of electrical energy, had allowed the claim petition by setting aside the order of punishment imposed by the disciplinary authority.

(3.) IN that view of this matter, the reasoning given by the labour court for setting aside the punishment of increment for one year, is totally unsustainable. It is also settled law that the Tribunal or High Court shall not interfere with the quantum of punishment imposed by the disciplinary authority. IN the present case, though the delinquent employee suffered grave charges at the hands of the petitioners Board, the punishment imposed was minor and therefore, the labour Court should not have interfered with the quantum of punishment. The reasonings given by the labour court to interfere with the punishment imposed by the disciplinary authority is totally unsustainable. Therefore, the award passed by the labour Court is set aside and accordingly, the present writ petition is allowed. No Costs.