MAK INDIA PVT LTD Vs. A PALANISWAMY

JUDGEMENT

(1.) THE Appellant/Petitioner has filed this writ appeal as against the order of the learned single Judge dated 23.09.1998 in W.P.No.6556 of 1990 in modifying the Award dated 25.09.1989 passed by the Labour Court in I.D.Nos.233, 234 and 235 of 1985 by directing the Appellant/Petitioner to reinstate the respondents 1 to 3/claimants in their respective posts forthwith with continuity of service and payment of backwages from August 1991 onwards.

(2.) THE learned single judge while passing orders in W.P.No.6556 of 1990 dated 23.09.1998 has among other things observed that 'the enquiry was held properly and that the respondents 1 to 3/claimants had not challenged the Enquiry Findings and therefore the same was binding on them but the Labour Court came to the conclusion that the punishment imposed was disproportionate to the proved charges and therefore had not interfered with the findings of the Labour Court but modified the Award of the Labour Court by denying the backwages of the respondents 1 to 3 for a period of seven years from August 1984 to July 1991 and further directed the Appellant/Petitioner to reinstate them in their respective posts with continuity of service and payment of backwages from August 1991.

(3.) EXPATIATING her submissions, the learned counsel for the Appellant/Management contends that the learned single Judge after coming to the conclusion that the enquiry proceedings were fair and proper ought not to have interfered with the punishment imposed by the Appellant/Management and in any event, for the proved misconduct, the punishment of dismissal from service awarded by the Appellant/Management to the respondents 1 to 3/claimants could not be said to be a disproportionate one and therefore prays for allowing the writ appeal in furtherance of substantial cause of justice.