MANAGEMENT OF NATIONAL AVIATION COMPANY OF INDIA LIMITED Vs. CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT

JUDGEMENT

(1.) Writ Petition is filed for issuance of a writ of Certiorari calling for records of the 1st respondent relating to its impugned award dated 13.04.2010 passed in I.D.No.8 of 2009 and quash the same.

(2.) (i).The 2nd respondent was working as a Traffic Superintendent in petitioner Management. While she was working as full time employee, she was doing private business without obtaining permission from the petitioner. The said act of the 2nd respondent was in violation of Standing Order. The petitioner came to know about the private business done by the 2nd respondent, when they received a letter from the authorities of the Syndicate Bank with regard to outstanding amounts due in the business carried by the 2nd respondent as Director of M/s.Gemray Stone Private Limited. The petitioner issued a charge memo on 11.02.2005. The 2nd respondent in her explanation has stated that she is not aware that she has to obtain prior permission before doing private business.

(3.) The learned counsel appearing for the petitioner contended that the 1st respondent having held that 2nd respondent was engaged in a private business without any permission of the petitioner while in active service, erred in setting aside the order of removal. The reasoning of the Tribunal that 2nd respondent did not receive any remuneration and no loss was caused to the petitioner, was erroneous. If active employees of the petitioner are indulging in doing private business, they will not be concentrating in the work of the petitioner. The 2nd respondent in the application submitted to the Syndicate bank for obtaining loan, has suppressed the fact that she is employed in the petitioner's management and has stated that she is self-employed person. The 2nd respondent admitted that she was doing private business before the Vigilance Department on 19.05.2004 and also in the domestic enquiry conducted on 06.06.2005. The permission was granted under Section 33(2)(b) of the Industrial Disputes Act by the National Tribunal by its order dated 19.06.2007 in A.P.No.2 of 2007 for approval of removal. The 1st respondent having rejected the contention of the 2nd respondent that she was acting only guardian of her minor daughters and having held that she was an active Director of M/s.Gemray Stone Pvt. Ltd., erred in holding that the punishment imposed by the petitioner is disproportionate to the misconduct committed by the 2nd respondent. The 1st respondent for erroneous reason ordered reinstatement of the 2nd respondent with continuity of service, attendant benefits and 75% of back wages and prayed for quashing the award of the Tribunal and prayed for allowing the writ petition.