MADRAS CRICKET CLUB Vs. PRESIDING OFFICER

JUDGEMENT

(1.) The present Writ Petition is filed challenging the award of the Labour Court made in I.D.No.129 of 2004 passed by the 1st respondent.

(2.) The learned counsel appearing for the petitioner contended that the 2nd respondent misbehaved with his Superior, assaulted him by holding his tie and brandished his chappal and used abusive language. The petitioner suspended the 2nd respondent and issued charge memo. The 2nd respondent evaded receiving charge memo and subsequently on 01.08.2003 received the charge memo. While the petitioner was contemplating holding enquiry, the President of the Employees Union of the petitioner, of which 2nd respondent is the Secretary, sent a letter dated 04.08.2003 stating that unless the charge sheet is withdrawn and suspension is revoked, the investigation would take a ugly stand. In view of such a threat, the petitioner did not conduct any enquiry and dismissed the 2nd respondent with immediate effect, reserving their right to prove the charges leveled against the 2nd respondent in appropriate forum, if necessary. The 2nd respondent raised an Industrial Dispute in I.D.No.129 of 2004. Before the 1st respondent, the 2nd respondent examined himself as W.W.1 and one N.Jagan as W.W.2 and marked 5 documents as Exs.W1 to W5. The petitioner examined M.Panneer Selvam whom the 2nd respondent assaulted and threatened as M.W.1 and N.Dhandayuthapani as M.W.2 and marked 14 documents as Exs.M1 to M14. The 1st respondent considering the pleadings, oral and documentary evidence, held that:

(3.) The Labour Court considering the pleadings, oral and documentary evidence, held that the petitioner has proved that the charges leveled against the 2nd respondent were proved and not conducting enquiry will not vitiate the order of dismissal, but directed the petitioner to reinstate the 2nd respondent into service with continuity of service, attendant benefits, but without backwages.