SECRETARY ANAMALAI DESIA THOTTA THOZHILALAR SANGAM Vs. MANAGEMENT OF VELLONIE ESTATE UNDER TATA TEA LTD

JUDGEMENT

(1.) THIS writ petition has been filed by the petitioner challenging the award of the second respondent labour Court, dated 25.7.2001, made in I.D.No.421 of 1998.

(2.) IT has been stated that the first respondent Management had deputed five members of the petitioner Union to perform the work of factory watchmen during the month of October, 1997. Though they had performed their duties without any blemish, a complaint had been made, during the period from 8.10.1997 to 10.10.1997, that a hose pipe measuring 20 mts. was missing from the factory. A domestic enquiry was conducted and all the five workers were issued with the punishment of suspension from service for one month. Aggrieved by the punishment imposed on the workmen, the petitioner Union had raised an Industrial Dispute before the second respondent labour Court, in I.D.No.421 of 1998. The second respondent labour Court, by its award, dated 25.7.2001, made in I.D.No.421 of 1998, had dismissed the Industrial Dispute. Therefore, the petitioner has preferred the present writ petition, under Article 226 of the Constitution of India.

(3.) THE learned counsel appearing for the respondent had submitted that based on the enquiry conducted by the enquiry officer, it was found that the workmen were responsible for the loss of the hose pipe, since they had been appointed as watchmen during the relevant point of time. Even though the workmen had alleged that the hose pipe had been taken away by the higher officials, there was nothing to prove the said allegations. It is not in dispute that the workmen were on duty, on 8.10.1997, and that they were in-charge of the security of the factory. While so, it cannot be accepted that the hose pipe had been taken away or lost without their knowledge. Since it is the responsibility of the workmen to safeguard the properties of the first respondent Management, they are liable for the loss of the hose pipe and therefore, the punishment of suspension from service for one month, imposed on them, is appropriate.