MANAGING DIRECTOR Vs. E. POONGAVANAM

JUDGEMENT

(1.) The present appeal has been filed against the order dtd. 17/9/2020 passed in W.P.No.12964 of 2020, confirming the Award of the Labour Court in setting aside the order of dismissal of the respondent/employee, dtd. 18/4/2015 and directing the Management (appellant) to reinstate him into service with effect from 18/4/2015 and with full back-wages and other monetary benefits and however, there shall be cut in increment for a period of two years with cumulative effect.

(2.) According to the Management, the employee was involved in serious misconduct using abusive language and assaulting one Saravanan on 7/11/2013. The employee had joined service in the year 1988 as Trainee and he had rendered so many years of unblemished service, except for the incident in question. Though it has been contended by the learned counsel for the appellant/Management that the employee has bad past record, no evidence has been produced before the Labour Court to prove the same and hence, to prove such contention, he relied on documents, which are not produced before the Labour Court, but the same cannot be accepted by this Court, as laid down in 1992 (2) LLJ 101 (Madras High Court) (Madras Aluminium Company Ltd., Mettur Dam Vs. Labour Court, Coimbatore and another), wherein it has been held as follows:

(3.) This Court, in the above decision, has categorically held that the documents which have not been marked before the Labour Court, cannot be introduced for the first time before the High Court, more so, the appellant/Management is a private Management.