MANAGEMENT OF MRF LTD. Vs. T.SEKAR

JUDGEMENT

(1.) This Writ Petition is filed for a Writ of Certiorari to call for the records relating to the award, dtd. 19/1/2024 made in A.P.No.26 of 2012 by the Industrial Tribunal, Chennai and to quash the same.

(2.) The case of the petitioner management is that it is having a factory at Ichiputhur, Arakkonam, where it manufactures tyres, tubes and conveyor belts. The respondent workman was employed as a Mechanic in Engineering Department, Zone-I. Owing to his trade union activities, the respondent behaved in an indifferent way on many occasions resulting in imposition of minor punishments for low performance, stay in strike, negligence in work and unauthorised absenteeism on several occasions. While so, on 3/11/2010, while working in the second shift, the respondent came near OGTP/IGTP area along with a group of workmen and instigated the workmen in that area to stop the work and also prevented the union workmen from performing the work. The area incharge made a complaint on the same day.

(3.) A show-cause notice was issued on 8/11/2010 and the workman submitted an explanation on 7/12/2010 refuting the allegations. In view thereof, one J.Kumaran was appointed as an Enquiry Officer. After a full-fledged enquiry of examining the witnesses and marking documents, the Enquiry Officer, by his report, dtd. 17/3/2012 returned the finding holding the workman guilty of charges. A second show-cause notice, dtd. 28/4/2012 was issued to which the workman submitted his further explanation on 2/6/2012. After considering the same, the workman was terminated from the services by the order, dtd. 20/6/2012. Since a general charter of demands raised by the union was pending before the Industrial Tribunal, Chennai, the management had to seek approval of the order of dismissal of the workman. As such, along with the order of dismissal, a cheque for Rs.8,181.00, representing one month wages was sent to the workman and the Approval Application was simultaneously filed before the Industrial Tribunal, Chennai.