MANAGEMENT OF KALEESWARA MILLS Vs. PRESIDING OFFICER

JUDGEMENT

(1.) Six persons who were employed in various departments of Kaleeswara Mills, Coimbatore were tried on a charge of murder before the Additional Sessions Court Coimbatore. All of them were convicted and sentenced to life imprisonment by judgment dated 06.04.1985. The employer mill immediately thereafter issued notice to all of them to show cause as to why they should not be dismissed from service, the notice having been issued under the Standing Orders which empowers the employer to dismiss persons convicted for an offence involving moral turpitude without having to hold any domestic enquiry with regard to that conduct. Subsequently, all the six persons were dismissed on 25.04.1985.

(2.) Four of those six persons raised industrial disputes thereafter. An award came to be passed in those disputes by the Labour Court on 18.12.1999 in which the validity of the dismissal was upheld, but with a rider that, in the event of they being acquitted in appeal, they will be entitled to reinstatement with back wages. That award was challenged by the employer in writ petitions No.11355 of 1990 and batch.

(3.) During the pendency of those petitions, all the six workmen were acquitted by the High Court by judgment dated 08.03.1991 giving them the benefit of doubt. Four of them, who were parties to the award, were reinstated in service on 17.05.1991. Thereafter, this Court allowed the writ petitions filed by the employer on 17.11.1992 to a limited extent and directed the Labour Court to consider afresh the employees' claim for back wages during the period of their non employment.