Though the miscellaneous petitions are listed for hearing, with the consent of the learned counsel on either side, the writ petition itself is taken up for disposal.
2.The order of dismissal was passed by the writ petitioner against the second respondent for unauthorised absence for eight days. Charges have been framed and the second respondent was put through domestic enquiry. The enquiry officer gave a report holding that the charges are proved. Thereafter, the second respondent was asked to show cause and on receipt of reply, an order of dismissal was passed. The approval petition was rejected on the ground that the enquiry was not conducted in a fair and free manner and the charges are not proved. There is no bona fide in the punishment imposed and the mandatory payment of one month salary was not made.
3.As these findings have been rendered based upon the records and facts, this Court does not find any merit in this writ petition. However, learned counsel appearing for the petitioner would submit that considering the facts of the case, the order will have to be modified with respect to the backwages.
4.Learned counsel appearing for the second respondent would submit that the second respondent would agree for deduction of 50% of backwages subject to the condition that there should be continuity of service.
5.On a perusal of the order passed by the first respondent, this Court does not find any perversity, warranting interference. However, considering the facts of the case and taking note of the further fact that the order was passed by the first respondent as early as 25.07.2013, this Court is of the view that it would be suffice if the backwages is reduced to 25%. Even in a case, challenging the dismissal before the Industrial Tribunal, there is no automatic backwages. It depends upon the facts and circumstances of each case. Therefore, this Court, while confirming the order passed by the first respondent insofar as rejection of approval petition is concerned, is inclined to modify the order of dismissal. Accordingly, the order of dismissal is modified to the extent that the second respondent is entitled for 25% of the backwages. Apart from other benefits, the arrears will have to be paid within a period of six weeks from the date of receipt of a copy of this order. Insofar as the provident fund contribution is concerned, it is fairly submitted by the learned counsel that out of 25% of the backwages, the same can be adjusted towards the provident fund contribution, otherwise payable by the second respondent.
6.Learned counsel appearing for the petitioner seeks eight weeks' time to implement the order. Accordingly, the petitioner is given eight weeks' time from the date of receipt of a copy of this order to implement the order. The writ petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petitions are closed.
23.06.2017 Index:Yes/No raa To The Special Deputy Commissioner of Labour, D.M.S. Compound, Chennai-18.
M.M.SUNDRESH, J.
raa W.P.No.28117 of 2015 23.06.2017 http://www.judis.nic.in