GENERAL SECRETARY Vs. MANAGEMENT

JUDGEMENT

(1.) The first Writ Petition being W.P. (MD) No. 2599 of 2005 is filed by the Management of Sri Nataraj Ceramics and Chemicals Industries Limited, Kallakkudi, challenging a preliminary award made in I.D.No.36 of 1996, dated 25.11.1999. By the impugned preliminary award, the Labour Court set aside the enquiry held by the Management and directed them to lead fresh evidence. Since in the counter statement filed by the petitioner Management in I.D.No.36 of 1996, they have reserved their right to lead fresh evidence. Subsequent to the preliminary award holding that the enquiry held by the Management was not proper, the Management had let in evidence both oral and documentary. On their side, three witnesses were examined as M.Ws.1 to 3 and 58 documents were filed and marked as Exs.M.1 to M.58. On the side of the respondent trade union, they had examined the concerned worker by name I. Muthulingam as W.W.1 and on their side, 15 documents were filed and marked as Exs.W.1 to W.15.

(2.) The Labour Court, upon such evidence, came to the conclusion that the punishment imposed on the workman was valid and justified. It refused to interfere with the penalty. Notwithstanding the final award was passed in favour of the Management, for reason best known, they had filed W.P. (MD) No. 2599 of 2005 challenging the preliminary award. The trade union filed a Writ Petition being W.P. (MD) No. 7173 of 2005 challenging the final award passed by the Labour Court in I.D.No.36 of 1996, dated 12.01.2005, inasmuch as it had declined to grant any relief.

(3.) The Writ Petition filed by the Management was admitted on 05.04.2005. The Writ Petition filed by the Trade Union was admitted on 04.08.2005. In view of the inter-connectivity between the two Writ Petitions, they were heard together.