ABDULLAH K Vs. LABOUR OFFICER II

JUDGEMENT

(1.) THIS writ petition is filed against the order of the labour officer II, Madras, the appellate authority, In which that authority directed the petitioner, the proprietor of the Janatha Coffee Centre, Mount Road, Madras, to pay a Hum of Rs. 160 to one Chandrasekaran in lieu of an order for reinstatement, on the ground that the petitioner had dismissed him from employment without reasonable cause. The facts lie within a very narrow compass and they can be briefly put down,

(2.) THE petitioner alleged that the employee; Chandrasekaran, behaved rudely to him and assaulted him when the employee's conduct towards a customer was questioned by the petitioner. The petitioner went BO far as to say that the Bald Chandraaekaran kicked him In the back and ran away. Thereafter, the petitioner terminated the services of Chandrasekaran for misconduct but did not hold a formal enquiry for that purpose. Section 19 (1) of the Madras Catering Establishments Act, 1958, provides: No employer shall dispense with the services of an employee employed continuously for a period of not less than six months, except for a reasonable cause and without giving such employee at least one month's notice or wages In lieu of such notice, provided, however, that such notice shall not be necessary where the services of such employee are dispensed with on a charge of misconduct supported by satisfactory evidence recorded at an Inquiry held for the purpose.

(3.) CHANDRASEKARAN felt aggrieved because his services were dispensed with on a charge of misconduct without an inquiry held for that purpose. Relying upon the provisions In Section 19 (2) (a) he filed an appeal to the appellate authority, namely, the labour officer II, Madras. That authority held that It was the duty of the petitioner, even If Chandrasekaran had deserted his post, to give him notice of the enquiry before dismissing him from service and In the absence of any attempt to hold an enquiry, even an ex pane enquiry, It must be held that the petitioner had dispensed with the services of Chandrasekaran without reasonable cause for BO doing. The appellate authority thereupon set aside the dismissal order and directed the petitioner in the circumstances to pay Chandrasekaran Rs. 150 as compensation in lieu of reinstatement. This order la now attacked by the petitioner-employer, in the present petition under Article 226 of the Constitution for the issue of a writ of certiorari.