SUPERINTENDING ENGINEER, MADURAI ELECTRICITY DISTRIBUTION CIRCLE, T.N.E.B., MADURAI Vs. THE PRESIDING OFFICER, LABOUR COURT, MADURAI AND S. CHANDRASEKARAN

JUDGEMENT

(1.) Present writ petition has been filed by the Superintending Engineer, Madurai Electricity Distribution Circle, Tamil Nadu Electricity Board, challenging the award passed by the Presiding Officer, Labour Court, Madurai in I.D.No.109 of 1992 directing reinstatement of the second respondent without backwages.

(2.) The second respondent was employed under the petitioner initially as a helper and subsequently as Junior Assistant. While he was working in such capacity in Samayanallur, Revenue Branch he was transferred as Assessor to Nattam Sec. and he was relieved on 21.8.86. However, he did not join in the transferred post, but gave a belated leave application on medical ground by attaching a Medical Certificate. Such belated leave application was rejected and charge sheet dated 21.3.1987 was issued alleging that the second respondent has remained unauthorisedly absent by disobeying the orders of the superiors. Such chargesheet was issued by the Executive Engineer of the Board. Even though the second respondent did not file his explanation, he participated in the enquiry held by an Assistant Executive Engineer. On the basis of the findings submitted by the Enquiry Officer, The Superintending Engineer came to a prima facie conclusion that the second respondent should be dismissed from service and accordingly a second show cause notice was issued. The explanation furnished by the second respondent having been not found convincting, by an order dated 15.5.1989, the second respondent was dismissed from service. The appeal filed preferred by the second respondent was rejected. Subsequently the second respondent raised I.D.No.109 of 1992.

(3.) It was held by the Labour Court that the Superintending Engineer being the appointing authority, the Executive Engineer has no authority to issue charge memo and as such the entire departmental proceedings was vitiated.