THE MANAGEMENT OF PALLAVAN TRANSPORT CORPORATION LTD., MADRAS Vs. THE PRESIDING OFFICER, 1ST ADDITIONAL LABOUR COURT, MADRAS AND P. SHANMUGAM

JUDGEMENT

(1.) The charge against the workman (petitioner in W.P.No.6270 of 1995), who was a light motor vehicle driver under the employer (petitioner in W.P.No.1580 of 1995) was that on 4.4.1987 at 3.30 P.M. he entered the Chief Medical Officer's room without permission and misbehaved with the medical attendant Kumaran by abusing him in filthy language and also committed assault. The other charge was that he came to duty in a drunken state. Yet another charge was that on that day from 1.30 P.M. onwards he was not working in the work spot.

(2.) After the employee submitted his reply to the charge memo, admittedly, an enquiry was held at which seven witnesses were examined for the management who were also cross -examined. The workman did not choose to examine any witness on his behalf though he examined himself. At the conclusion of the enquiry the enquiry officer found the charges to have been proved. Thereafter the employee was dismissed from service on 25.6.1988.

(3.) The workman having raised a dispute under Sec. 2A(2) of the Industrial disputes Act, the Industrial Tribunal framed two points for consideration viz., (1) whether the termination of the service is justified and, if not, to what remedy is the workman entitled; and (2) Whether the relief can be compensated in terms of money.