M GANESAN Vs. PRESIDING OFFICER, LABOUR COURT, MADURAI

JUDGEMENT

(1.) The petitioner in W.P.(MD).No.6396 of 2015 Thiru M.Ganesan was employed in Sree Vadivambigai Textiles Mills (P) Limited, Sakkanthi, Sivaganga District as apprentice since 1982. A Mill employee by name K.Sekar was stabbed in the stomach on 27.08.1987 around 10.00 p.m. in the Mill premises, when he was taking rest. In this regard, a criminal case was registered. The Mill Management issued a show cause notice to the said Ganesan on 29.08.1987, calling upon him to offer his explanation as to why disciplinary action should not be taken against him. After conducting domestic enquiry, the said Ganesan was dismissed from service along with three others. The dismissed workmen raised industrial dispute. I.D.Nos.122, 497 and 499 of 1989 filed by the other three workmen were jointly tried by the Principal Labour Court, Madurai. I.D.No.670 of 1989 filed by Thiru M.Ganesan came to be tried by the Additional Labour Court, Madurai.

(2.) Totally six workmen were involved in the misconduct in question. A domestic enquiry was conducted by the Management. Two of the workmen did not challenge the action taken by the Management. Four workmen raised industrial dispute. Three I.D.Nos.122, 497 and 499 of 1989 came to be jointly tried by the Principal Labour Court which held that the domestic enquiry conducted by the Management was not fair. Therefore, the Management let in fresh evidence before the Labour Court in the aforesaid I.D.Nos. In the mean while, the Additional Labour Court which tried I.D.No.670 of 1989, filed by Thiru M.Ganesan, held that the dismissal order passed by the Management was justified and that the domestic enquiry was also fairly conducted. Later, the Principal Labour Court also passed a common award dated 19.04.1993, justifying the dismissal of the three workmen, who were before it. In fact, a finding of fact was rendered by the Principal Labour Court to the effect that it was Thiru M.Ganesan, who stabbed the said K.Sekar and caused him injury.

(3.) The Principal Labour Court upheld the order dismissing the three workmen after holding that the domestic enquiry was not fair and after analysing the fresh evidence adduced by the Management before it. But the Additional Labour Court had passed an award dated 29.08.1991, holding that the domestic enquiry was fairly conducted and that Thiru M.Ganesan was rightly dismissed. Though the conclusions arrived at by two Labour Courts were one and the same, the routes which they traversed independently were different. The aggrieved workmen filed writ petition before the Madras High Court. W.P.No.11570 of 1994 was dismissed by order dated 29.01.2002. The matter had since attained finality. But W.P.No.2966 of 1992 filed by Thiru M.Ganesan came to be allowed by order dated 04.08.1999, on the ground that when the Principal Labour Court had already held that the domestic enquiry was not fair, a different view could not have been taken by the Additional Labour Court. The learned Judge observed that the benefit of the finding given by the Principal Labour Court should be extended to M.Ganesan also as the finding of the Labour Court was with reference to the same enquiry. The enquiry was an indivisible one.