This writ petition has been filed by Mr.A.Paranthaman challenging the impugned award passed in I.D.No.161 of 2006 pronounced on 28.06.2012 including the preliminary order pronounced on 06.07.2011 and to quash the same.
2. Mr.V.Prakash, learned senior counsel for the petitioner submitted that the petitioner, who joined the services of the second respondent Management on temporary basis on 21.4.94, was given the benefit of confirmation in service on 1.1.98. Thereafter, he was issued with the memo on 23.2.2004, for which he gave a detailed convincing explanation to the second respondent Management on 26.4.2004. Again one more charge memo dated 2.3.2004 was issued, for which also the petitioner gave his explanation on 9.3.2004. Pursuant thereto, a notice of hearing was also sent to the petitioner on 1.4.2004 and after the enquiry, he was dismissed from service on 15.12.2004. Thereupon, he raised an industrial dispute under
Section 2-A(2) of the Industrial Disputes Act, 1947 before the first respondent after the issuance of the conciliation failure report on 24.11.2005. Although the first respondent passed an award on the preliminary issue on 6.7.2011, the final award has been passed in I.D.No.161 of 2006 on 28.6.2012. As the petitioner has got a fair chance of success before this Court, the delay in approaching this Court may not be put against him. Adding further, he submitted that when the second respondent Management was asked to give the Tamil translation of the show cause notice issued to the petitioner, it was refused. Therefore the petitioner was unable to give his reply, for which the order of dismissal was issued on 15.12.2004. That shows that the petitioner was not given a fair and reasonable opportunity.
3. At the outset, this Court is not inclined to accept the said submissions. Admittedly, the grievance of the petitioner has been properly dealt with by the first respondent Labour Court by holding that when the petitioner himself has filed the claim petition in English, it is not open to him to raise a plea that the show cause notice issued by the Management was not sent along with the Tamil translation. Moreover, when the award was passed four years ago, no explanation whatsoever has been offered to entertain the belated and stale claim. Therefore, the writ petition is dismissed for approaching this Court with undue delay.