SUPERINTENDING ENGINEER Vs. SECRETARY

JUDGEMENT

(1.) This writ petition is filed seeking a writ of certiorari, to quash the award dated 23.02.2005 passed in I.D.No.l00 of 1999 on the file of the Labour Court, Tirunelveli.

(2.) The case of the petitioner is that the petitioner's employees namely, one Paulraj and Shanmugaperumal were working as Assessors in Kanyakumari Electricity Distribution Circle. While they are in service, Department enquiry was conducted against them on a charge of misappropriation of Board's money for a sum of Rs.1 1,001.90/- against the said Paulraj and for a sum of Rs.2,000/- against the said Shanmugaperumal and thereafter, enquiry was conducted after giving personal hearing of the said two employees. After completion of enquiry, punishment of stoppage of next increment for a period of five years with cumulative effect was imposed against the said Paulraj on 20.05.1987. Similarly, punishment of stoppage of next increment for a period of three years with cumulative effect was imposed against the said Shanmugaperumal on 29.05.1987. Aggrieved by the same, the said Paulraj preferred an appeal on 09.06.1987 before the Chief Engineer, Distribution, Madurai and the same was dismissed on 16.12.1988.Similarly, the appeal filed by the said Shanmugaperumal was also dismissed on 19.03.1989. Thereafter, the memorial petition was also rejected by the Chairman, Tamil Nadu Electricity Board on 21.05.1990. Though the said proceedings were concluded in the year 1990, after a lapse of nine (9) years, the employees sought for reference and the same was granted in G.O.Ms.No.600 Labour and Employment Department dated 15.07.1999 for adjudication. Thereafter, the first respondent filed an industrial dispute in I.D.No.100 of 1999 before the Labour Court, Tirunelveli, second respondent herein. The second respondent on erroneous view of law and facts and without properly considering the documentary evidences and merits of the case, passed an award on 23.02.2005 reducing and modifying the punishment to the extent of removing the cumulative effect. Challenging the same, the present writ petition has been filed.

(3.) Mr.Anand Gopalan, learned counsel appearing for the petitioner would submit that the charge against the said employees, namely, Paulraj and Shanmugaperumal was clearly established before the enquiry officer and based on the enquiry officer report, a minimum punishment was awarded against the workmen, who have committed temporary misappropriation of funds to the tune of Rs.1 1,001.90/- and Rs.2,000/- respectively, and their appeals and mercy petitions also rejected. After nine years they have initiated a reference and the first respondent Thozhilalar Sangam filed industrial dispute in I.D.No.l00 of 1999 before the Labour Court, Tirunelveli, is hit by latches. Further, the Labour Court having arrived a conclusion that there was temporary misappropriation by the workmen. However, passed an award on 23.02.2005 reducing and modifying the punishment to the extent of removing the cumulative effect as against law and without any basis.