R719 VALASIRAMANI PRIMARY AGRICULTURAL CO Vs. PRESIDING OFFICER, LABOUR COURT, TIRUCHIRAPPALLI AND ANOTHER

JUDGEMENT

(1.) This writ appeal is directed against the order dated 17.12.2009 made in W.P. No. 1303 of 2004, whereby the learned single Judge directed the appellant/writ petitioner to reinstate the second respondent.

(2.) The second respondent herein was employed by the appellant as a Sales Woman from 22.12.1992 onwards. She was, at the time of the order of dismissal having been passed against her, receiving the salary of Rs. 900/- per month. A charge memo was issued to the second respondent by the appellant on 23.07.1997 alleging certain lapses resulting in loss of Rs. 217.55. Incidentally, it was found that there was a shortage of stock and fabrication of bills. After due enquiry, the charges were found to be proved.

(3.) The second respondent raised a dispute before the Labour Court. The Labour Court was pleased to set aside the order of dismissal interalia holding that the enquiry was fair and proper and the second respondent has paid the amount apart from making good the deficit in shortage of stock. Incidentally, Ex.M39 was taken into consideration, by which, the appellant had agreed to reinstate the second respondent without continuity of service and backwages. Further, the Labour Court took into consideration Ex.M40 in which the appellant has stated that it would consider the granting of continuity of service and backwages after she had rejoined on a separate application. Thus the Labour Court did not go into the merits of the order of dismissal, which was put into challenge before it, while exercising the discretion under Section 11A of the Industrial Disputes Act, 1947.