P VEERAIYAN Vs. DIVISIONAL MANAGER CHERANGODE TEA DIVISION

JUDGEMENT

(1.) THE petitioners, Veeraiyan and Jagathalaprathaban have joined together and filed the present writ petition praying for the issue of a writ of certiorarified mandamus to call for the records pursuant to the common award dated 7.3.96 passed in ID Nos. 255 and 256 of 1994 on the file of the 2nd respondent Labour Court and quash that portion of the common award denying backwages to the petitioners and consequently direct the first respondent to pay full backwages as the normal rule being reinstatement with continuity of service and full backwages where the charges were held as not proved.

(2.) HEARD Mr. V.Ajoy Ghose, learned counsel for the petitioner and Mr.Karthick, learned counsel appearing for M/s.T.S. Gopalan & Co., appearing for the first respondent.

(3.) BASED on the reported theft, a charge memo was issued to the petitioners, to which the petitioners submitted their explanation and they were found not satisfactory. An enquiry was conducted in which six witnesses were examined to establish the charges. In the oral enquiry, the watchman Ramprasad, who apprehended the 2nd petitioner was examined and he has deposed in detail about the incident of theft and apprehension of the 2nd petitioner. The 2nd petitioner examined himself and went to the extent of contending that he was coerced to give a statement. The 2nd petitioner further admitted that he was drunk at that time and, therefore, was not in a position to know whether he was enquired at the residence of the Manager or at the office. The enquiry officer reported a finding that the petitioners were guilty of theft and, thereafter, the petitioners were dismissed from service on 24.3.93.