A.KANAKARAJ Vs. PRESIDING OFFICER

JUDGEMENT

(1.) Heard both sides.

(2.) This writ petition was filed by the five petitioners who were workmen under the 2nd Respondent Management. They are challenging the Common award passed in I.D.No 266, 267, 268, 269 and 270 of 1997 dtd. 21/9/2001 wherein the first Respondent Labour Court denied them relief. The petitioners seek to set aside the Common Award and to be reinstated with continuity of service, back wages and all other attendant benefits. For convenience, the petitioners are referred to as workmen and the second Respondent as the management.

(3.) These five workers, appointed on different dates, were dismissed by the management by orders dtd. 15/6/1996. Along with these five workers, two other workmen S. Padma (I.D.No.265/97) and S. Sarojini (I.D.No.4/97) were also dismissed. Despite the seriousness of the allegations against them - participation in an illegal strike, going outside the department during working hours, and using abusive language towards co-workers and supervisors -no enquiry was conducted. The management stated that though it was decided to conduct an enquiry against them which they were kept under suspension, the situation in the work establishment was not conducive to conducting an enquiry and given the extraordinary situation they were dismissed for the misconduct alleged w.e.f.15/6/1996.