V PALUCHAMY Vs. MANAGEMENT SRI MEENAKSHI MILLS LIMITED

JUDGEMENT

(1.) THIS writ petition challenges the award dated 29 July 1999 on the file of the Labour Court, Madurai relating to the discharge of the petitioner, who was in employment of the first respondent. Background facts :-

(2.) THE petitioner was employed as a Spinning Doffer in the first respondent Mills from 1970 onwards. He was also an active member of the Worker's Union involved in the advancement of the workers interest. While so, on 07 November 1991, the first respondent issued a memo seeking explanation from the petitioner and 26 other employees alleging that they took part in illegal activities by obstructing and threatening loyal workers of the mill from attending work during the strike period. Though the said memo made mention that notice was issued on the basis of certain reports, none of those reports were furnished to the petitioner or other workmen. Petitioner gave an explanation pointing out that the charges levelled against him were all false and baseless. While so, by way of proceedings dated 07 January 1992, the first respondent discharged the petitioner from the services of the mill. However, neither notice was issued nor retrenchment compensation was paid.

(3.) BEFORE the Labour Court, writ petitioner and other employees as well as the first respondent filed a joint memo stating that they have no objection for recording common evidence and evidence recorded in I.D.No,222/1993 has to be treated as evidence in respect of all other Industrial disputes. Accordingly, common evidence was recorded in I.D.No,222/1993 which was treated as the evidence in all the industrial disputes.