MANAGEMENT Vs. PRESIDING OFFICER

JUDGEMENT

(1.) THE above Writ Petition has been filed praying to issue a writ of certiorari, to call for the records in I. D. No. 160 of 1995 on the file of the Labour Court, Salem, the first respondent herein, quash the Award passed therein dated 24. 10. 1996.

(2.) THE case of the petitioner is that the second respondent employee was employed under the petitioner as a Gate Keeper; that he was not regular in his attendance and he used to indulge in misconduct during the tenure of his service with the petitioner; that he was indulging in criminal offences and a charge sheet was issued to him on 5. 1. 1995 calling for his explanation for the misconduct viz. , he was permitting his friends to view the picture in the theatre without proper tickets and he was indulging in the said act in spite of warnings given by the management for such acts of misconducts; that no reply was offered by him for the show cause notice issued by the petitioner on 5. 1. 1995; that on 21. 1. 1995 he was arrested by the local police for the alleged commission of offence punishable under Sections 323, 307 and 147 of the IPC along with his friends; that from 21. 1. 1995, he did not report for duty; that the petitioner also did not terminate his services by any order, but he was not permitted to continue duty on 15. 2. 1995; that since the Industrial Dispute raised before the Labour Officer could not be amicably settled and since the Labour Officer recorded failure conciliation, the second respondent approached the Labour Court, Salem, the first respondent herein seeking relief of reinstatement with back-wages and continuity of service.

(3.) THE further case of the petitioner is that the dispute was taken on file by the first respondent in I. D. No. 160/1995; that though the Labour Court impliedly accepted the case of the petitioner stating that the petitioner lost confidence in the second respondent and denied the relief of reinstatement, but however, granted the relief of back-wages and one half of future wages without any basis and the Labour Court has passed the impugned Award dated 21. 10. 1996 thereby directing payment of Rs. 55,000/- to the second respondent herein along with cost of Rs. 250/ -. Aggrieved by the said award of the Labour Court, the petitioner has come forward to file the above writ petition seeking the relief extracted supra.