A RAJARAM Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THOUGH the petitioner has assailed G.O.Ms.No.202, Labour and Employment (E2) Department, dated 15.11.1999 and the Letter No.41303/E2/2008-3, Labour and Employment Department, dated 01.04.2009, of the Deputy Secretary to the Government for the said Department, Mr.A.Thirumurthi, learned counsel for the petitioner confined his submissions on the aspect of promotion of the petitioner to the post of Deputy Inspector of Labour for the panels prepared for the said post, from the year 2003 onwards. According to the learned counsel, the petitioner, State President of Labour Inspectors Association, had been targeted and disciplinary proceedings were initiated against him, for hisbona fide act of exposing corrupt activities of higher officials at the Government level meeting, in the matters of transfers and promotions, etc. and as the petitioner was not compromising to vested interests, charges were levelled against him frequently and that he was inflicted with penalties and ultimately, suffered denial of promotion on account of one reason or the other.

(2.) THOUGH the petitioner has been inflicted with several punishments, inviting the attention of this Court to the order in A/9652/99, dated 22.01.2001, passed by the Inspector of Labour, Tuticorin, wherein, a punishment of stoppage of increment for two years, without cumulative effect has been inflicted, Mr.A.Thirumurthi, learned counsel for the petitioner, submitted that the period of said penalty had already expired in the year 2003 itself, and therefore, it is not open to the respondents to postpone the promotion of petitioner to the post of Deputy Inspector of Labour, considering his length of service from the year 1980.

(3.) DURING the course of hearing, it was already brought to the notice of this Court that in W.P.Nos.41489 to 41495 and 45602 of 2006 filed by the petitioner challenging the punishments, Hon'ble Mr.Justice K.Chandru, while setting aside the order of penalties in W.P.Nos.41490 to 41495 and 45602 of 2006, directed the Secretary to the Government, Labour Department, Chennai, to constitute an adhoc disciplinary authority to consider the explanation submitted by the petitioner to the charges, which is subject matter of W.P.Nos.41490 to 41495 and 45602 of 2006, uninfluenced by the earlier orders passed by the competent authority and if necessary conduct enquiries and pass appropriate orders, after giving due opportunity to the petitioner.