ALUFLUORID LTD Vs. INDUSTRIAL TRIBUNALCUMLABOUR COURT

JUDGEMENT

(1.) This Writ Appeal is filed by the unsuccessful writ petitioner challenging the order dated 20.09.2018 in W.P. No.21527 of 2001, whereby and whereunder, the learned single Judge confirmed the award dated 02.07.2001 in I.D. No.102 of 1999 passed by the Industrial Tribunal - cum - Labour Court, Visakhapatnam.

(2.) Heard Sri S. Ashok Anand Kumar, learned counsel for the appellant - management, and Sri P.B. Vijay Kumar, learned counsel for respondent No.2 - workman, and perused the material on record including the impugned order passed by the learned single Judge as well as the award passed by the Labour Court.

(3.) Learned counsel for the appellant submits that since the workman, who was working as welder-cum-technician in the company of appellant, has assaulted employees of the appellant, immediately he was placed under suspension and subsequently, on regular enquiry being conducted against the workman, as the enquiry officer held that the charges levelled against the workman were proved, he was dismissed from service. The learned counsel submits that despite ample evidence and the material on record, the Labour Court without considering the same, set aside the dismissal order issued by the appellant and modified the punishment of dismissal to that of stoppage of one increment with cumulative effect and ordered reinstatement of the workman into service with full back-wages and other attendant benefits. The learned counsel further submits that when the award of the Labour Court was challenged, the learned single Judge without considering the case of the appellant, disposed of the writ petition granting compensation of Rs.10,00,000/- (Rupees ten lakhs only) to the workman. The learned counsel also submits that the award of compensation is on higher side.