DIRECTOR Vs. R.DEVARAJ

JUDGEMENT

(1.) This Writ Petition is filed by the Director, STAMIN, challenging the award of Labour Court, Trichy, in I.D.No.141 of 2014.

(2.) When the first respondent was working as Watchman on daily wage basis with the petitioner, a Colour Television, which was installed in the Training Centre At State Agricultural Management Extension Institute, Kudimiyanmalai, Pudukottai District, was stollen. When the first respondent reported the theft to the management, a criminal complaint was also lodged on the basis of the statement given by the first respondent. Later, the first respondent was terminated from service with effect from 07.10.2003. It is admitted that no written order was issued and he was orally informed that he was removed from service.

(3.) It is the case of the petitioner that the Assistant Director of Agricultural, enquired about the incident and advised the first respondent not to come to duty from 07.10.2003 onwards. It is admitted that no charge memo was issued or enquiry was conducted before terminating the first respondent orally. As against the same, the first respondent raised an industrial dispute in I.D.No.141 of 2004. The Labour Court allowed the petition filed by the first respondent, by holding that the oral termination of first respondent is illegal. The petitioner was directed to reinstate the first respondent into service immediately with continuity of service with 25% back wages and other benefits. Aggrieved by the same, the above Writ Petition is filed.