M CHINNATHAMBI Vs. PRESIDIND OFFICER LABOUR COURT SALEM

JUDGEMENT

(1.) THIS writ petition has been filed under Article 226 of the Constitution of India, seeking an order in the nature of Writ of certiorarified mandamus calling for the records pertaining to the Award, dated 07.08.2004 made in I.D.No.304 / 99 on the file of the Labour Court, Salem, the first respondent herein and quash the same, so far as it relates to denial of backwages and directing the second respondent to pay backwages and other attendant benefits to the writ petitioner / employee.

(2.) THE petitioner herein, an employee under the second respondent raised Industrial Dispute under Section 2 (A) (2) of Industrial Disputes Act, claiming reinstatement with continuity of service and backwages. The petitioner has stated that he had joined the service of the second respondent as Office Assistant on 10.08.1990. On 24.06.1997, the petitioner was removed from service on the allegation that the petitioner refused to supply tea to the important officials, when he was working in the canteen under the administration of the second respondent.

(3.) THE charge framed against the petitioner is that on 24.06.1997 at about 6 p.m and on 25.02.1997 at 9.45 a.m, the petitioner deliberately refused to supply tea to the important officials, in spite of several oral warnings and advice given to him, hence, according to the second respondent, charge sheet was issued to the petitioner. Since his explanation was not satisfactory, domestic enquiry was conducted, following principles of natural justice. Based on the findings of the Enquiry officer, second show cause notice was also issued to the petitioner and he submitted his explanation on 09.07.1998. Since the explanation was found not satisfactory, the petitioner was dismissed from service, by order, dated 17.07.1998.