DAMODARAN K Vs. PRESIDING OFFICER, LABOUR COURT, VELLORE

JUDGEMENT

(1.) The appellant was working as a Salesman in the fair price shop run by the first respondent society from the year 1992. On the charge of causing loss to the Society, he was placed under suspension with effect from November 24, 1993 pending enquiry into his conduct and not satisfied with the explanation, an enquiry was conducted on March 16, 1994 and subsequently, he was dismissed from service with effect from June 23, 1994. Thereafter, he raised a dispute under Section 2-A (2) of the industrial Disputes Act, 1947 (for short, I. D. Act) and the said dispute was taken on file by the second respondent Labour Court in I. D. No. 6 of 1995 and notice was ordered to the first respondent Society and the first respondent filed a detailed counter. Thereafter, on May 29, 2000, a joint memo was filed by both sides before the second respondent Labour Court and the Labour Court passed a docket order, which reads as follows:

(2.) It is not clear as to how evidence was let in by both sides when the enquiry was held to be invalid. However, documents were marked on the side of the appellant as Exhibits w-1 to W-10 and on the side of the first respondent Society, Exhibits M-1 to M-55 were marked. It was thereafter, on consideration of the materials and arguments on both sides, the Labour Court came to the conclusion that the dismissal was illegal and directed payment of backwages from the date of dismissal till the date of Award, viz. , october 10, 2000 and the Labour Court rejected the relief of reinstatement. Strangely, the Labour Court came, to the conclusion that non-payment of Subsistence Allowance will vitiate the proceedings taken by them and in paragraph 11, it recorded the finding as follows:

(3.) The first respondent Society challenged the Award directing the payment of backwages in writ petition being W. P. No. 19699/2000 and the appellant, aggrieved by the denial of reinstatement, challenged that portion of the award in W. P. No. 3046/2001.