MANAGEMENT OF KULASEKARAM PRIMARY AGRICULTURAL CO-OPERATIVE BANK LIMITED Vs. PRESIDING OFFICER, LABOUR COURT AND K MUTHAIYAN

JUDGEMENT

(1.) The 2nd Respondent was dismissed by an order dated 28.02.1996 on certain allegations of misconduct after holding enquiry. In the enquiry, witnesses were examined and documents were marked.

(2.) The 2nd Respondent took up his non-employment under Section 2(A) (2) of the Industrial Disputes Act, before the 1st Respondent and the same was taken on file in I.D. No. 111 of 1997. The writ Petitioner filed counter statement repudiating the allegations made in the claim statement. Thereafter, the 2nd Respondent examined one witness and documents Exs.W1 to W48 were marked and the writ Petitioner examined one witnesses and documents Exs.R1 to R5 were marked and one document was also marked as Court document.

(3.) After hearing both sides, the Labour Court, passed an award dated 28.08.2007, holding that the enquiry was fairly and properly conducted and that the charges were not established in the properly conducted enquiry, by exercising its power under Section 11 A of the I.D. Act. Ultimately, the 1st Respondent set aside the dismissal order dated 28.02.1996 and directed the writ Petitioner to pay full wages with other attendant benefits, to which, the 2nd Respondent is entitled to till the date of his superannuation as he reached the superannuation during the adjudication proceedings. The present writ petition is filed to quash the aforesaid award dated 28.08.2007 made in I.D. No. 111 of 1997 passed by the 1st Respondent.