S. SANTHANAM, Vs. THE PRESIDING OFFICER, LABOUR COURT, MADURAI AND THE MANAGEMENT OF VADIVAMBIGAI MILLS LIMITED, SIVAGANGAI, PASUMPON MUTHURAMALINGA, THEVAR DISTRICT

JUDGEMENT

(1.) THIS writ petition is filed challenging the Award passed by the first respondent Labour Court in I.D.Nos.122/89, 497/89 and 499/89 on 19.4.1993.

(2.) PETITIONERS before this Court are workers in the second respondent Vadivambigai Mills Limited. There appears to have been an inter union rivalry between INTUC and HMS Union, through which one person by name Sekar, who belonged to INTUC was stabbed by another person by name Ganesan, who belonged to HMS Union. The petitioners before this Court also belonged to HMS Union. On 27.8.87, about 10'O Clock in the night, within the premises of the Mill, the said Sekar was stabbed by Ganesan. Sekar sustained grievous injury, and he was given treatment in Madurai Hospital for more than two months. With respect to that incident, the police filed a charge sheet against two persons, one Ganesan and another. Ultimately, the prosecution ended in acquittal. The departmental enquiry was initiated against the petitioners, who were not accused before the Criminal Court. In the departmental enquiry, the Enquiry Officer found that these persons have instigated others in the incident, which took place on 27.8.87, and therefore, they were removed from service, after completion of the enquiry. Against that, a dispute was raised before the first respondent Labour Court, evidence was also adduced before it. The person who was injured viz. Sekar, was also examined before the Labour Court, where he has stated that these petitioners have also abetted the incident of stabbing, which portion was marked as an exhibit.

(3.) RELYING upon the oral evidence adduced before the Labour Court, the Labour Court has come to the conclusion that on the fateful date at 10.00 pm in the rest room, these persons were also present, and only due to the instigation of these persons, the Labour Court came to the conclusion that the incident had taken place, and the Labour Court believing the evidence, has held that these persons were responsible and they also instigated the incident, and therefore, the Labour Court found that the dismissal of the petitioners was justified.