A. SIRAJUDEEN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) This is an intra-Court appeal filed against the order passed by the learned Single Judge in W.P. No.17948 of 2007 (T) dated 03.11.2020.

(2.) The brief facts of the case are follows: An agreement was entered before the Joint Commissioner of Labour, Coimbatore under Section 12(3) of the Industrial Disputes Act, 1947 on 09.04.1988, with regard to the non-payment of wages from October 1986 for the workers working in M/s.New City Enginerring Works, Patel Road, Eachanari Pollachi Road, Coimbatore. As per the terms and conditions of the agreement, the Management should have implemented the said agreement on or before 10.06.1988, but, they have failed to do the same. Hence, a complaint dated 25.08.1988 was given by the Union in Government Order (Miscellaneous) No.1536 Labour and Employment Department to file a case under Section 29 of the Industrial Disputes Act against the following stakeholders viz., Thiru.K.Venkatesh, Thiru.V.Velumani, Thiru.K.Swaminathan.

(3.) Further, order was issued to the Inspector of Labour, Coimbatore to file a case before the Judicial Magistrate No.I, Coimbatore, But, Mr.P.T.Ravidranath, who was working at that time as Inspector of Labour, Coimbatore, filed a case on 20.09.1988, before the Judicial Magistrate No.II, Coimbatore, through the Deputy Inspector of Labour, III Circle, Coimbatore. The said complaint was returned by the Court with an endorsement to rectify the defects. Therefore, the complaint was represented before the Court. However, the case was not taken on record and summons were not issued. Therefore, the respondents found fault with the appellant/Sirajudin stating that he has not followed up the case from time to time and informed about the progress of the case to the Inspector of Labour. Since the appellant has not paid any personal attention to the case, two charges were framed against the appellant under Section 17 (B) of the Tamil Nadu Civil Services (Disciplinary and Appeal) Rules. The charges are reads as follows: