INDIA PISTONS LTD. Vs. C. KUMARASWAMY

JUDGEMENT

(1.) The appellant management was the second respondent in Writ Petition No. 6501 of 1987 filed by the first respondent workman. We will refer to the parties by their nomenclature in the Writ Appeal. The first respondent was employed as a Store Attender in the appellant/management and he had put in nearly twenty years of service. It is stated that in the Stores Receiving Section, the Store Attender occupies the lower most post and there are four clerks and one supervisor, who are in charge of the stores. The first respondent was suspend from service with effect from 20.9.1983 and a charge memo was issued on 19.9.1983. It is worthwhile to notice the actual charge memo for a proper understanding of the facts of the case. The charge was as follows:-

(2.) An enquiry was conducted and the appellant/management purported to accept the findings had dismissed the first respondent from service with effect from 23.7.1984 with retrospective effect from the date of suspension, 19.9.1983. The dispute was referred for adjudication in I.D. No. 435 of 1985 and the Award was passed on 2.3.1987. The Labour Court found that the non-employment was justified, but awarded an ex gratia compensation of Rs. 15,000.00. On the first respondent challenging the award in Writ petition No. 6501 of 1987, the learned single Judge of this Court set aside the award on the ground that there was no cogent or compelling evidence on record to prove the charges of connivance and collusion. The learned Judge also found that the past good record of the first respondent had not been taken into account in awarding the punishment. Consequently, the learned Judge directed reinstatement of the first respondent with full back wages and other attendant benefits.

(3.) In the Appeal before us, Mr. Sanjay Mohan, learned counsel for the management puts forward the following arguments: