KANYAKUMARI AUTOMOBILES PRIVATE LIMITED Vs. P NATARAJAN

JUDGEMENT

(1.) THIS writ appeal is against the order passed by Mohan J. in W.P. No. 7574 of 1975, wherein Kanyakumari Automobiles (P) Ltd., Nagarcoil, who is the appellant herein, questioned the order passed by the Labour Court in I.D. 109 of 1974. In I.D. No. 109 of 1974, an award was passed by the principal Labour Court, Madurai in respect of the industrial dispute between the workman, P. Natarajan and the management of Kanyakumari Automobiles (P) Ltd., who is the appellant herein. It is unnecessary for us to go into the allegations made by the management against the workman. Suffice it to say that the Labour Court, after considering the evidence on record, came to the conclusion that the management has established misconduct and disobedience by workman and that the management has also established that the workman is liable to be punished with dismissal of service. In spite of the said finding, the Labour Court, treating the removal of the workman from service as one of retrenchment, granted a sum of Rs. 1450/-, as the retrenchment compensation in lieu of reinstatement. It is against the award, Writ Petition No. 7584 of 1975 was filed.

(2.) THE learned Judge of this Court after observing that the Labour Court had found as a fact that the case should be considered as one of retrenchment instead of removal from service, that this part of the award clearly comes within the scope of S.11-A of the Industrial Disputes Act, that the award of Rs. 1450/- will meet the ends of justice and that as such the Labour Court's finding is correct, dismissed the writ petition. It is against this order the present appeal has been filed by Kanyakumari Automobiles (P) Ltd., Nagarcoil.