MANAGEMENT VI SPL 112, NAGAVEDU PRIMARY AGRICULTURAL CO-OPERATIVE BANK LTD Vs. PRESIDING OFFICER, LABOUR COURT

JUDGEMENT

(1.) Challenge in this intra Court Appeal is to the order of the learned Single Judge dated 25.04.2016 made in WP No.20314 of 2002, in and by which, the learned Single Judge dismissed the Writ Petition filed by the appellant Society questioning the award of the Labour Court, Vellore dated 14.02.2002 made in ID No.252 of 1997. The 2nd respondent herein was entered the services of the appellant Society as a salesman on 19.12.1978. He was promoted as a clerk from 01.03.1983. He was suspended for alleged misappropriation on 23.12.1992, an enquiry was conducted in which the Enquiry Officer found the 2nd respondent guilty of the charges. Accepting the report of the enquiry officer, the appellant Society imposed a punishment of dismissal from service on the 2nd respondent on 30.04.1996.

(2.) Aggrieved by the said order of dismissal, the 2nd respondent raised an Industrial Dispute and the same was numbered as ID No.252 of 1997. The Labour Court framed an issue regarding the fairness of the domestic enquiry and the Labour Court concluded that the domestic enquiry was not fair and proper. Even after the said finding, the Management did not choose to examine any witness on its side. It was contend with marking certain documents. The Labour Court went into the question of misappropriation and found that the charge of misappropriation has not been proved.

(3.) On the above findings, the Labour Court directed reinstatement of the workman with 75% back wages and all attendant benefits. This award of the Labour Court was challenged by the Management in WP No.20314 of 2002. The learned Single Judge who heard the Writ Petition found that once the Labour Court has came to the conclusion that the domestic enquiry was not conducted in a fair and proper manner and the Management had failed to lead a evidence before the Labour Court, this Court sitting under Article 226 cannot disturb the factual findings of the Labour Court. On such conclusion, the learned Single Judge dismissed the Writ Petition. The learned Single Judge also found that there was failure to comply with the principles of natural justice and there was denial of opportunity to the delinquent employee during the disciplinary enquiry.