MANAGEMENT OF METTUR Vs. K GOVINDARAJAN

JUDGEMENT

(1.) The appellant is the employer. The respondent workman had been in the service of the appellant from 1968 to 1976. He was discharged on 28.2.1976 after he was found guilty of certain charges of misconduct regarding which enquiry was held. He raised an industrial dispute in I.D. No.330 of 1977, in which, an award came to be made on 8.8.1978, wherein, it was held inter alia that the enquiry held was fair and proper, that the charges levelled against the workman had been proved, and that the punishment imposed was in no way disproportionate. The respondent employee had been discharged by the employer with one month's notice. At the time of his discharge, he was earning Rs.25.50 per week, the monthly wage being Rs.127.50.

(2.) Twelve years later, he filed a writ petition in this Court numbered as W.P.No.3028 of 1990. Learned single Judge having allowed that petition with a direction for reinstatement and with continuity of service and payment of 20% of the backwages, the employer is in appeal.

(3.) The learned single Judge has not dealt with the question of laches in filing the writ petition. Nearly twelve years had elapsed from the date of the award till the filing of the petition. The explanation offered by the employee was that he approached the Legal Aid Board from 1979 and it continued till the year 1990. No material in support of that had been placed before the Court. Learned single Judge has merely relied on the averments made in the affidavit. He has, thereafter, proceeded to reevaluate the evidence that was examined by the Labour Court and has concluded that though the charges have been proved, the punishment imposed was disproportionate. We have to notice here that even in the affidavit filed by the workman in the writ petition it has been stated that he was willing to forego the backwages.