C.MURUGAN Vs. SPECIAL OFFICER

JUDGEMENT

(1.) The writ petition has been filed by the petitioner challenging the award passed by the second respondent in letter No. 29531/D2/2000-1, dated 25.7.2001, quash the same and consequently, direct the first respondent to reinstate the petitioner with all attendant benefit and backwages. The petitioner is having M.A., M.Ed., degree along with Diploma in Co-operative Training Course. He received a interview letter on 13.2.1996 from Nilgiris District Employment Exchange and attended interview conducted on 4.5.1996, hence, he was selected through the said interview and appointed as clerk in the first respondent society on 8.5.1996 at Gudalur. Subsequently, he was transferred from Gudalur Branch to Pandalur Branch. While he was serving in the Pandalur Branch, he was issued with an order terminating him from service on 7.9.1996 without any valid reasons. The only reason assigned in the order is administrative reasons. As against the same, the petitioner preferred an appeal before the Deputy Registrar on 14.9.1996 and the said appeal was also dismissed. Therefore, the petitioner was constrained to approach the second respondent Labour Court, Coimbatore for setting aside the termination order dated 7.9.1996. After considering the case of the petitioner, the Labour Court dismissed I.D. No. 45 of 1998, by citing one another petition, which was filed by a similarly placed person like the petitioner in I.D. No. 265 of 1998 and was dismissed. Aggrieved by the award passed by the Labour Court, Coimbatore, the present writ petition has been filed challenging the correctness of the award passed by the second respondent Labour Court, Coimbatore.

(2.) It was contended by the learned counsel for the petitioner that in response to the interview letter dated 13.2.1996 received from Nilgiris District Employment Exchange, the petitioner has attended the interview conducted on 4.5.1996 and through the said interview, he was rightly selected as clerk in the first respondent society. He joined in the first respondent society as clerk on 8.5.1996 at Gudalur Branch. His time scale of pay was fixed as 1200-30-1560-2040. Subsequently, he was transferred from Gudalur Branch to Pandalur Branch. While he was working in the first respondent society, without holding any enquiry or without any notice, he was issued with a termination order dated 7.9.1996 just stating due to administrative reasons.

(3.) It was further contended that when the petitioner was selected among 52 candidates after attending the proper interview conducted on 4.5.1996, the termination order issued by the first respondent Society without holding any enquiry is illegal and without jurisdiction. The Labour Court has failed to see that no proper enquiry was conducted before passing the termination order, therefore, when no enquiry was conducted before passing the termination order, he pleaded the said termination order has violated the principles of natural justice as enunciated under Article 14 of the Constitution of India. When the award passed by the Labour Court, Coimbatore, also cited one another petition filed in I.D. No. 265 of 1998 by another person, who is similarly placed person like the petitioner, was dismissed by earlier order passed by this Court and hence, the present petition i.e. I.D. No. 45 of 1998 was also to be dismissed, such kind of approach of the Labour Court is totally unsustainable in law.