SOUTH INDIA MINES & MINERALS INDUSTRIES PRIVATE LIMITED Vs. CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR COURT AND OTHERS

JUDGEMENT

(1.) The writ petitioner is the employer. The private respondent, E.Sivan, was working as a Driver in the petitioner company. He was sent on deputation to M/s.Nellai Transport, a Transport firm, exclusively engaged in the business of transporting minerals from the mines of the petitioner to various places. He was placed under suspension on 17.12.2012. A charge memo dated 28.01.2013, was also issued. The delinquent offered his explanation dated 14.02.2013, denying the charges. The Enquiry Officer was appointed. During the pendency of the enquiry, the Enquiry Officer passed away and he was substituted by another Enquiry Officer. The enquiry concluded and a report dated 22.10.2013, was submitted holding that all the charges framed against the delinquent stood proved. The delinquent was dismissed from service by order dated 30.10.2013.

(2.) Thereafter, the dismissed employee raised an Industrial Dispute. Conciliation proceedings were conducted, but they failed. The matter was referred for adjudication to the Tribunal. The reference was taken on file and numbered as I.D.No. 72 of 2014. The dismissed employee filed a claim statement, while the employer filed their objections. Evidence was adduced on either side, by marking documents. Thereafter, the Labour Court passed the impugned award dated 08.09.2015, directing reinstatement of the employee but without back wages.

(3.) The Management did not comply with the direction to reinstate, but questioned the same by filing a writ petition in W.P. (MD)No. 2944 of 2016. Since, he was not reinstated, the employee filed C.P.Nos. 8 of 2016, 129 of 2015 and 9 of 2017. Though CPs were allowed. Questioning the orders passed in the claim petitions filed by the employee, the Management has filed W.P.(MD)Nos. 184, 185 and 14170 of 2017. The orders passed in the claim petitions are only consequential in nature. Since they are interlinked, all the writ petitions are taken up together.