SECRETARY Vs. LABOUR COURT AND OTHERS

JUDGEMENT

(1.) The writ petitioner is a religious institution. The second respondent was appointed as an Office Assistant in the writ petitioner Church in July, 1990. He was working as a Clerk during 2005. He was placed under suspension by proceedings dated 30.10.2005. The allegation against the second respondent is that at the time of counting the Church offertory money, he committed theft of Rs. 1,100/- by pocketing eleven 100 rupee notes. Thereafter, a full-fledged enquiry was said to have been conducted. The second respondent is said to have crossexamined the witnesses also. Finally, the enquiry committee submitted its report dated 30.10.2005. Based on the said enquiry report, the second respondent herein was terminated from service on 22.09.2006. Thereafter, the second respondent raised industrial dispute, which was taken on file in I.D.No. 78 of 2007. The Labour Court passed its preliminary award dated 30.03.2010 holding that the domestic enquiry was not fairly conducted. Thereafter, by the impugned award, the order of dismissal was set aside and the management was directed to reinstate the second respondent with continuity of service. However, backwages was restricted to 25 %. Aggrieved by the same, the petitioner has filed this writ petition questioning the preliminary award dated 30.03.2010 and the final award dated 13.05.2015.

(2.) Heard the learned counsel appearing on either side.

(3.) The learned counsel for the petitioner would submit that due to change in Church management, they were not actually aware of the passing of the preliminary award. That is why, they did not avail the opportunity to adduce fresh evidence before the Labour Court. In any event, once they realised that the Labour Court had held that the domestic enquiry was not fairly conducted, the management filed I.A.No. 40 of 2015 in I.D.No. 78 of 2007 to adduce oral evidence. Though the said petition was dismissed, the management was held entitled to mark the proceedings of the Domestic Report and rely on it. This order was passed on 25.02.2015. The Labour Court after perusing the entire materials including the domestic enquiry report, finally passed the award dated 13.05.2015 holding that the termination was illegal.