GENERAL MANAGER Vs. RAJENDRAN

JUDGEMENT

(1.) THE petitioner Management challenged the award of the Labour Court, whereby the respondent was directed to be reinstated into service without back- wages and other monetary benefits.

(2.) THE case of the petitioner Management is that the respondent was employed as a 'Conductor' in the petitioner's Corporation and absented duty from 23.02.2000 to 03.04.2000 un-authorisedly. Therefore, after initiating disciplinary proceedings against the respondent and by following due procedure, he was terminated from service with effect from 23.12.2000. The said order of termination culminated into filing of an industrial dispute before Labour Court, Madurai in I.D.No.193 of 2002 by the respondent herein. The Labour Court though found that the charge levelled against the respondent was proved and however, by considering the proportionality of punishment imposed on the respondent, the Labour Court directed the petitioner Management to reinstate the respondent into service without back-wages and other monetary benefits, instead of the order of dismissal. Aggrieved against the same, the present writ petition is filed before this court.

(3.) PER contra, the learned counsel appearing for the respondent submitted that the Labour Court, by exercising its power under section 11-A of the Industrial Dispute Act, had rightly set aside the order of termination and directed the Management to reinstate the respondent without back-wages and other monetary benefits. Therefore, the learned counsel contended that such exercise of power under section 11-A conferred on the Labour Court was rightly exercised and therefore, the same does not warrant any interference by this court.