IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 26.07.2017 CORAM THE HONOURABLE MR.JUSTICE V.PARTHIBAN W.P.No.23848 of 2014 Mr.G.Gnanaruban .. Petitioner Versus
1. The General Works Manager, Asian Paints Limited, Pentasia Division, Cuddalore-607 005.
2. The Presiding Officer, Labour Court, Cuddalore. .. Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, seeking for a Writ of Certiorari, calling for the entire records relating to the impugned order passed by the 2nd respondent in Ref.I.D.No.30 of 2012 dated 07.08.2014 and qash the same.
For Petitioner : Mr.P.Muralidharan For R1 : Mr.Meenakshisundaram Additional Government Pleader (Pondicherry) ****** O R D E R The petitioner has approached this Court seeking to quash the impugned order passed by the 2nd respondent in I.D.No.30 of 2012 dated 07.08.2014.
2. The case of the petitioner is as follows:
The petitioner was at the relevant time employed as Process Operator under the first respondent. While employed as Process Officer, the petitioner was charge sheeted in pursuance of a complaint on 30.07.2011. The charge relates to assault of one of the co-employees of the petitioner, by the petitioner. Therefore, domestic enquiry was conducted by the authorities and an order of dismissal was passed on 06.06.2012, on the basis of the findings of the domestic enquiry. When this dispute was raised before the Labour Court against an order of dismissal in I.D.No.30 of 2012, an award was passed as against the petitioner. The second respondent/Labour Court initially passed a preliminary award in I.D.No.30 of 2012, holding that the domestic enquiry was not conducted in a fair and proper manner. However, following the preliminary award dated 12.03.2014, a final award was passed on 07.08.2014 upholding the order passed by the management dismissing the petitioner from service. According to the final award, the charges framed against the petitioner stood proved. The management on their part had let in evidence before the Labour Court. After the findings of the Labour Court that the domestic enquiry was not conducted in a fair and proper manner and on the basis of the available evidence, the Labour Court had come to a conclusion that the charges framed against the petitioner stated proved and therefore upheld the penalty imposed on him.
3. When the present petition was taken up for hearing, it is the apprehension of the petitioner that no plea was raised as to the proportionality of the punishment under Section 11-A of the Industrial Disputes Act, 1947 and the Labour Court also did not go into the issue as to the proportionality of punishment meted out to the petitioner.
4. However, the counsel appearing for the first respondent management would submit that the petitioner was issued with several warnings in the past on the basis of complaints from various other co- employees and therefore, the punishment imposed on him was on the basis of aggravating circumstances, which need to be held against the petitioner/workmen.
5. Upon consideration of rival submissions of the counsels and after perusal of all the relevant materials and the pleadings, this Court is of the view that the petitioner should be given an opportunity to go before the Labour Court and get adjudication under Section 11 A of the Industrial Disputes Act, 1947 for the purpose of rendering a finding of proportionality of punishment imposed on the petitioner. Since the penalty of dismissal of service is itself severe penalty, it is imperative on the part of the Labour Court to appraise itself to all the facts and circumstances of the case and give a finding on the quantum of penalty whether the dismissal of service is commensurate to the gravity of the misconduct alleged against the petitioner.
6. In the above circumstances, the present Writ Petition is disposed of by remanding I.D.No.30 of 2012 to the second respondent/Labour Court for consideration of proportionality of the punishment imposed on the petitioner on the basis of all the relevant materials and the facts and circumstances of the case. The Labour Court is directed to dispose of the appeal under Section 11-A of Industrial Disputes Act within a period of three months from the date of the matter restored to its file.
26.07.2017 Index: Yes/No Internet:Yes/No rm To The Presiding Officer, Labour Court, Cuddalore.
V.PARTHIBAN,J.
rm W.P.No.23848 of 2014 26.07.2017