S. P. AMMASI Vs. LABOUR COURT

JUDGEMENT

(1.) The relief sought in this writ petition is call for the records relating to the Award dtd. 13/11/2003 passed by the 1st respondent/Labour Court, Coimbatore in I.D.No.269 of 1998 and quash the same as being illegal and unjust and direct the 2nd respondent to reinstate the petitioner with continuity of service, backwages and all other attendant benefits.

(2.) The case of the petitioner is that the petitioner has joined as Assistant Leaf Supervisor in the second respondent company on 1974, which processes the tea and sell the same. The duty of the petitioner is to weigh the tea leaves in the procurement centers and transport them by tractors to the factory. Subsequently, a letter dtd. 23/9/1997 was sent by one Kadiresan (Contractor) and Kanagarathinam (Helper) to the second respondent company stating that there was a deficit of one bag (40 kgs) out of 56 bags weighing 2109 kgs. Thereby, a show cause notice dtd. 24/9/1997 was issued to the petitioner, holding him responsible for the loss of one bag weighing 40 kgs, which was denied by the petitioner.

(3.) Further, the second responded company and the enquiry officer proceeded the enquiry and found that the petitioner has committed gross negligence regarding loss of one bag containing 40 Kgs. Whileso, second show cause notice was issued to the petitioner. Thereafter, the petitioner was dismissed from service vide order dtd. 11/2/1998. Aggrieved over the said order, the petitioner filed a petition in I.D.No.269 of 1998 before the Labour Court, Coimbatore. Further, the first respondent / Labour Court rejected the claim of the petitioner vide order dtd. 13/10/2003. Challenging the same, the petitioner has come up with the present writ petition, seeking the aforesaid relief.