MANAGEMENT RASIPURAM AGRICULTURAL PRODUCERS CO-OPERATIVE MARKETING SOCIETY LTD Vs. PRESIDING OFFICER LABOUR COURT

JUDGEMENT

(1.) THE management aggrieved by the award passed by the labour court altering the punishment given by the petitioner has come before this court.

(2.) THE case of the petitioner management is that the employee Mr.Sundaram is a driver in the petitioner's society. As per the rules of the society the employee is prohibited to take part in a public auction conducted by the petitioner marketing committee as the bidder, as per Bye-law of the petitioner's society. It is alleged that the violating the said rule, the driver participated in the auction for selling 4964 coconuts on 23.05.1996 and on 27.05.1996. Hence, a charge memo dated 10.06.1996 was issued to driver Mr.Sundaram and he was suspended from duty on 29.06.1996. He replied to the show-cause notice. As the petitioner was not satisfied with the explanation, a domestic enquiry was conducted. THE Enquiry Officer concluded that with regard to the first charge namely participation in the auction of coconuts by Mr.Sundaram was proved and however, the second charge regarding getting of the commission was held to be not proved.

(3.) AFTER considering pleadings and evidences, the labour court found that the charges against the driver were not proved stating that the copies of the complaint which was the basis for the charges was not served upon Mr.Sundaram and that the said complaint was not marked before the labour court and the said complaint was not corroborated by any evidence. Hence, the labour court found the charges against Mr.Sundaram was not proved and held that the punishment awarded against the workman was unjust and unfair and ultimately it passed an award dated 26.07.2002 treating the period of suspension from 03.06.1996 to 28.12.1996 as a period on duty and the period from 29.12.1996 to 09.02.1997 to be treated as Earn Leave. It was further held that the action management in treating the period of suspension as earn leave without payment of subsistence allowance during the period as unfair.