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228

Sentence arbitral du travail

.. 228

Award of the Labour Court

.. 228

de tribunal.



..

243

Notifications du Gouvernement

.. 243

Government Notifications

.. 243



..

245

Avis d’ appel d’ offres

.. 245

Tender Notices

.. 245



..

254

Annonces

.. 254

Announcements

.. 254



..

260

Erratum

.. 260

Erratum

.. 260

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2020 }

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24 {

No.

12

Poudouchéry

Mardi

24

Mars

2020 (4 Chaitra 1942)

No.

Puducherry

Tuesday

24th

March

2020

228

LA GAZETTE DE L’ETAT

[24 March 2020

GOVERNMENT OF PUDUCHERRY

LABOUR DEPARTMENT

(G.O. Rt. No. 29/Lab./AIL/T/2020,

Puducherry, dated 26th February 2020)

NOTIFICATION

Whereas, an Award in Lok Adalat Case No. 21751/2019

in I.D (L) No.14/2017, dated 14-12-2019 of the Lok Adalat,

Puducherry, in respect of the Industrial Dispute

between the management of M/s. Jayaprakash

Narayanan Co-operative Spinning Mill, Karaikal

and Thiru G. Anandaraman and 12 others, over

non-employment has been received;

Now, therefore, in exercise of the powers conferred

by sub-section (1) of section 17 of the Industrial

Disputes Act, 1947 (Central Act XIV of 1947), read with

the notification issued in Labour Department’s G.O.

Ms.No. 20/91/Lab./L, dated 23-5-1991, it is hereby

directed by the Secretary to Government (Labour) that

the said Award shall be published in the Official

Gazette, Puducherry.

(By order)

S. MOUTTOULINGAM,

Under Secretary to Government (Labour).

BEFORE THE LOK ADALAT AT PUDUCHERRY

Organised by Ms. V. Sofana Devi (District Judge)

Member-Secretary, State Legal Services Authority,

Puducherry, under section 19 of the Legal Services

Authorities Act (Act 39 of 1987).

Thiru V. Jaikumar,

. .

Judge

Special Officer-cum-

Additional Sub-Judge,

Puducherry.

Ms. S. Mumtaj,

. .

Judge

I Additional District Munsif,

Puducherry.

Thiru Shanmugham,

. .

Member

Advocate.

LOK ADALAT CASE No. 21751/2019

in

I.D. (L) No. 14/2017

(On the file of the Industrial Tribunal-cum-

Labour Court, Puducherry)

Saturday, the 14th day of September 2019

Thiruvalargal :

1. G. Anandaraman

2. S. Vasudevan

Thiruvalargal :

3. P. Sakthivel

4. V. R. Ganesan

5. P. Darmadourai

6. S. Saminathan

7. S. Suresh

8. J. Beemarao

9. S. Murugavel

10. Y. Yudhi Francis

11. P. Aravamutham

12. P. Selvamani

13. K. Thennarasu

. . Petitioners

Vs.

The Managing Director,

M/s. Jayaprakash Narayanan

Co-operative Spinning Mill,

Keezhamani, Melaoduthurai,

Neravy, Karaikal.

. . Respondent

This case coming on this day before us in

the presence of the petitioner and his Counsel

Thiru S. Suriamoorthy and the respondent and his

Counsel Thiru P. Djeassillane, having agreed to settle

the matter and thereby the case being settled under

Joint Compromise Memo filed, an Award is passed

accordingly:

Taken cognizance under section 20 (1) of the Legal

Services Authorities Act (Act 39/87)

l. This case which was filed and pending before the

Presiding Officer as I.D. (L) No. 14/2017 was transferred

to the Lok Adalat and was taken on file for settlement.

2. The petitioner has filed this case to pass an Award

to hold that the non-employment of the petitioner/

workman by the respondent/management is not justified

and for other monetary benefit if any.

3. Both parties were served with notice and appeared

before the Lok Adalat and the petitioner and the

respondent jointly filed a compromise memo stating that:

(i) Out of the petitioners numbering 13 mentioned

in the Reference on G.O. Rt. No. 36/AIL/Lab./T/2017,

dated 05-04-2017, the following petitioners (only)

came forward for the settlement. It is therefore,

decided by both the parties that Memorandum of the

Settlement shall be filed before this Hon’ble Court

(only) in respect of such of the petitioners who came

forward for the settlement and presented themselves

before this Lok Adalat.

229

24 March 2020]

LA GAZETTE DE L’ETAT

Thiruvalargal :

1. G. Anandaraman (Petitioner 1)

2. S. Vasudevan

(Petitioner 2)

3. V.R. Ganesan

(Petitioner 4)

4. P. Darmadourai

(Petitioner 5)

5. S. Saminathan

(Petitioner 6)

6. S. Suresh

(Petitioner 7)

7. J. Beemarao

(Petitioner 8)

8. S. Murugavel

(Petitioner 9)

9. K.Thennarasu

(Petitioner 13)

10. P. Selvamani

(Petitioner 12)

(ii) the respondent/management will reinstate the

above-mentioned petitioner into the services of the

Mill with immediate effect.

(iii) the above-mentioned petitioners/workmen will

not claim any back wages for the period from the date

of termination, till the date of reinstatement.

(iv) the respondent management will reinstate the

above-mentioned petitioner/workman with continuity

of service.

(v) the above-mentioned petitioners/workmen will

not claim any monetary/service benefit for the period

from the date of termination till the date of

reinstatement.

(vi) the respondent/management shall arrange to

relive the above-mentioned petitioners/workmen from

the services of the Mills under the Special Voluntary

Retirement Scheme, which is in vogue/force in the

Mills, without any other conditions if, the above

petitioners/workmen submit application under the

scheme within a period of one month from the date

of reinstatement.

On failing the abovesaid conditions this reference will

be reopened for further proceedings.

4. The Compromise Memo filed by the parties is

bona fide and there is no reason why the same should

not be considered and recorded. There is no inducement

or other indication for the said compromise.

Accordingly, the Joint Comprormise Memo filed by the

parties is recorded and an Award is passed under the

terms and conditions therein.

5. This case is referred to the Lok Adalat organized

by the State Legal Services Authority under section 19

of the Legal Services Authorities Act (Act 39/87) and

after full and frank discussion of all issues, an Award

is passed as follows.

AWARD

1. It is ordered and decreed that the Award is passed

in terms of the Joint Compromise Memo made by the

parties and that the reference made by the Government

on G.O. Rt. No. 36/AIL/Lab./T/2017, dated 05-04-2017

and the same is hereby closed.

2. It is ordered and decreed that the Joint

Compromise Memo signed by the both parties shall

form part and parcel of the Award.

3. That this Award of the Lok Adalat shall be deemed

to be a decree of the Civil Court as per section 21 of

the Legal Services Authorities Act, 1987.

Dated at Puducherry, on this the 14th day of

September, 2019.

V. JAIKUMAR,

S. MUMTAJ,

Judge.

Judge.

SHANMUGAM,

Advocate, Member.

BEFORE THE HON’BLE INDUSTRIAL TRIBUNAL-

CUM-LABOUR COURT, PUDUCHERRY

I.D. (L) 14/2017

Thiruvalargal :

1. G. Anandaraman

2. S. Vasudevan

3. P. Sakthivel

4. V. R. Ganesan

5. P. Darmadourai

6. S. Saminathan

7. S. Suresh

8. J. Beemarao

9. S. Murugavel

10. Y. Yudhi Francis

11. P. Aravamutham

12. P. Selvamani

13. K. Thennarasu

. . Petitioners

Vs.

The Managing Director,

M/s. Jayaprakash Narayanan

Co-operative Spinning Mill,

Keezhamani, Melaoduthurai,

Neravy, Karaikal-609 609.

. . Respondent

230

LA GAZETTE DE L’ETAT

[24 March 2020

MEMORANDUM OF SETTLEMENT FILED BY BOTH THE PARTIES

It is submitted before this Hon’ble Court by both the

parties that out of the petitioners numbering 13

mentioned in the Cause Title (Reference), the following

petitioners only came forward for the settlement. It is

therefore, decided by both the parties that memorandum

of the settlement shall be filed before this Hon’ble Court

only in respect of such of the petitioners who came

forward for the settlement and presented themselves

before this Lok Adalat.

Thiruvalargal :

1. G. Anandaraman (Petitioner 1)

2. S. Vasudevan

(Petitioner 2)

3. V.R. Ganesan

(Petitioner 4)

4. P. Darmadourai

(Petitioner 5)

5. S. Saminathan

(Petitioner 6)

6. S. Suresh

(Petitioner 7)

7. J. Beemarao

(Petitioner 8)

8. S. Murugavel

(Petitioner 9)

9. K.Thennarasu

(Petitioner 13)

10. P. Selvamani

(Petitioner 12)

It is further submitted before this Hon’ble Court that

in the above Industrial Dispute, the above-mentioned

Petitioners and the Respondent are mutually willing to

settle the issues as follows:

1. The respondent/management will reinstate the

petitioner into the services of the Mill with immediate

effect.

2. The above-mention petitioners/workmen will

not claim any back wages for the period from the date

of termination, till the date of reinstatement.

3. The respondent management will reinstate the

above-mention petitioners/workmen with continuity

of service.

4. The above-mention petitioners/workmen will

not claim any monetary/service benefit for the petiod

from the date of termination till the date of

reinstatement.

5. The respondent/management shall arrange to

relive the above-mention petitioners/workmen from

the services of the Mills under the Special Voluntary

Retirement Scheme, which is in vogue/force in the Mills,

without any other conditions if the above-mention

petitioners/workmen submits application under the

Scheme within a period of one month from the date

of reinstatement.

Both parties pray this Hon’ble Court to approve the

above proposed Settlement and pass order and Award

accordingly.

Dated at Puducherry on this 14th day of December 2019.

S. SURIAMOORTHY,

P. DJEASSILLANE.

Counsel of Petitioner.

Counsel of Respondent.

SARISHTADAR

Labour Court

Puducherry

————

GOVERNMENT OF PUDUCHERRY

LABOUR DEPARTMENT

(G.O. Rt. No. 30/AIL/Lab./T/2020,

Puducherry, dated 27th February 2020)

NOTIFICATION

Whereas, an Award in I.D. (T) No. 28/2016, dated

09-12-2019 of the Industrial Tribunal-cum-Labour Court,

Puducherry, in respect of the Industrial Dispute between

the management of M/s. MRF Limited, Nettapakkam

Commune, Puducherry and Thiru Muthukumarasamy,

Mudaliarpet, Puducherry, over non-employment has

been received;

Now, therefore, in exercise of the powers conferred

by sub-section (1) of section 17 of the Industrial

Disputes Act, 1947 (Central Act XIV of 1947), read with

the notification issued in Labour Department’s G.O. Ms.

No. 20/91/Lab./L, dated 23-05-1991, it is hereby directed

by the Secretary to Government (Labour) that the said

Award shall be published in the Official Gazette,

Puducherry.

(By order)

S. MOUTTOULINGAM,

Under Secretary to Government (Labour).

BEFORE THE INDUSTRIAL TRIBUNAL AT

PUDUCHERRY

Present : Thiru V. PANDIARAJ, B.SC., LL.M.,

Presiding Officer.

Monday, the 9th day of December 2019.

I.D. (L) No. 28/2016

Thiru Muthukumarasamy,

No. 18, Anitha Nagar,

4th Cross Street,

Mudaliarpet, Puducherry.

. . Petitioner

Versus

231

24 March 2020]

LA GAZETTE DE L’ETAT

The Managing Director,

M/s. M.R.F. Limited, Eripakkam,

Nettapakkam Commune,

Puducherry.

. . Respondent

This Industrial Dispute coming on 09-12-2019

before me for final hearing in the presence of

Thiru M. Subramanian, Counsel for the petitioner and

Thiru L. Swaminathan, Counsel for the respondent,

upon hearing, upon perusing the case records, after

having stood over for consideration till this day, this

Court passed the following:

AWARD

1. This Industrial Dispute has been referred by the

Government of Puducherry as per the G.O. Rt. No. 113/

AIL/Lab./T/2016, dated 05-12-2016 for adjudicating the

following:

(a) Whether

the

dispute

raised

by

the

petitioner Thiru A. Muthukumarasamy against the

management of M/s. M.R.F. Limited, Puducherry, over

non-employment is justified or not? If justified, what

relief he is entitled to?

(b) To compute the relief if any, awarded in terms

of money if, it can be so computed?

2. The brief averment of the petition filed by the

petitioner:-

(i) The petitioner was employed in the respondent

company on 12-03-1999 and he has more than 16 years

service in the respondent company, and his Emp.

No. 600132. He worked as a Mechanic in Extruder

section. The respondent management has more than

1500 employees in various sections. This petitioner

acted as Vice President in INTUC and he had played

an important role in the talk between management and

the employees, as a representative of the Union and

therefore, occasionally he had controversial term with

the management. Due to that the management has

issue charge memo, dated 28-04-2014 with vague and

false allegations, though he has no way connected

with that charges. This petitioner has given his reply

on 30-04-2014 with detailed explanations. After that

the management has fixed the enquiry date of

Disciplinary proceedings on 09-05-2014. This

petitioner-participated in the Disciplinary proceedings

and he has enlightened his defence also and he has

also brought out the truth before the Enquiry Officer.

This petitioner has made a request on 20-05-2014, to

permit him to contest his Disciplinary proceedings

through his Advocate. Further, he has requested the

Enquiry Officer to supply the copy of the complaint,

who has lodged a complaint against this petitioner.

The Enquiry Officer failed to comply the same and

he did not permit him to have his own Advocate to

defend his case. The Enquiry Officer has not

permitted this petitioner to plead his case and he has

not permitted this petitioner to cross-examine the

management side witnesses by name Kalaiselvan and

Franklin. The Enquiry Officer by name Rajadurai, B.A., B.L.,

and the respondent side representative by name

K. Babu, B.A., B.L., have good knowledge about the

provisions of Laws of the Labour Legislations.

Usually they would act in favour of the management

always and they would conclude the Disciplinary

proceedings in favour of the management only.

Hence, as a routine manner, the Enquiry Officer

without considering the contradictions in the

evidences and the charge memo, they had concluded

the Disciplinary proceedings in favour of the

management and they have failed to find out the truth

and

they

have conducted

the

Disciplinary

proceedings without following the principles of

natural justice. The evidences of the representatives

of the management by name, Kalaiselvan and Franklin

were accepted and acted upon by the Enquiry Officer

without analyzing the truth in their evidence. The

Enquiry Officer has completed his Disciplinary

proceedings in a biased manner and concluded the

Disciplinary proceedings in favour of the respondent

management, in violation of natural principles of

justice and hence, the subsequent termination order

becomes invalid one. Thereafter, this petitioner

approached the Conciliation Officer and the

respondent management failed to cooperate for the

conciliation proceedings, which resulted in failure of

the conciliation proceedings. This petitioner was

entitled for reinstatement with all his back wages and

monetary benefits and hence, this industrial dispute

has to be allowed.

3. The brief averment of the counter filed by the

respondent:-

(i) The allegations made by the petitioner

against the respondent were denied as false in total.

This petition was filed with suppression of material

facts and this petition has to strictly prove the

allegations against this respondent management with

sufficient evidences. The show cause notice was

issued by the respondent management as the

petitioner has committed misconduct which attracts

clause 25.4, clause 25,49 and clause 25,71 of the

Certified

Standing

Orders of the respondent

management. The petitioner has given cryptic and

vague reply for the show cause notice, dated

28-04-2012. As the reply submitted by the petitioner

232

LA GAZETTE DE L’ETAT

[24 March 2020

on 30-04-2014 was vague, the management has

decided to have Disciplinary proceedings by appointing

an Advocate/Enquiry Officer. The petitioner has

falsely alleged that the management has targeted the

petitioner. The enquiry was fixed on 09-05-2014 and

it was intimated to the petitioner. That the petitioner

has denied the charges levelled against him. This

petitioner has also participated in the Disciplinary

proceedings and therefore, it was adjourned to

09-05-2014. On that day also the petitioner has

submitted a letter to the Enquiry Officer requesting

him to have one Mr. R. Jayakumar as an assistant to

him to assist the Disciplinary proceedings on behalf

of him and it was also permitted by the Enquiry

Officer. But, in contrary to the above, with venomous

reasons this petitioner had stated that he has sought

for assistance of an Advocate. Even then the written

argument filed on 01-07-2014 also, there is no whisper

about the said letter, dated 20-05-2014. This petitioner

has participated in the Disciplinary proceedings,

wholeheartedly, and he did not allege any such bias

in the conduct of Enquiry Officer, at the time of the

argument. This case was filed as a result of after

thought aimed to gain, misplaced sympathy from the

Court. The respondent reserved his right to take up

the preliminary issue as just and fair if warranted.

The Enquiry Officer has concluded his enquiry and

filed his report on 04-08-2014. The management was

fully satisfied with the Enquiry Officer report and

therefore, it has issued second show cause notice

on 17-09-2014, and for which this petitioner has given

his reply on 04-10-2014, wherein, also this petitioner

has raised false and vague allegations against the

conduct of the Enquiry Officer as against the Enquiry

proceedings for the first time and he has requested

for the reconsideration of the proposed punishment.

After the consideration of the charges, enquiry

report and the reply, the management has applied its

mind on the charges of misconduct and explanation

offered by the petitioner. The petitioner has

concentration on making ridiculous/preposterus

averments against the management. Already the

respondent management has wasted considerable

man hours in issuing warning letters, show cause

notices and in conducting the enquiry proceedings.

The management was not able to extend slightest

sympathy also. Therefore, the petitioner was

terminated from the service and hence, this petition

has to be dismissed.

4. On the side of the petitioner only witnesses was

examined and Ex.Pl to Ex.P7 was marked. On the side of

the respondent three witnesses were examined and Ex.R1

to R29 were marked.

5. The petitioner side Counsel argued that the

management was represented to its managing Director

Mr. Govindarajan, who had filed the counter in this

case, failed to appear before this Court and he has enter

into box to adduce evidence on behalf of the

management. It is argued that RW1 to RW3 examined

on the side of the respondent side, but, they have not

produced any authorization letter from the management

and therefore, their evidence could not be taken into

consideration for any purpose. It is further, argued that

the documents marked on the side of the respondent

were self attested by RW3 as he has no locus standi to

file such self attested documents and hence, those

documents cannot be taken into consideration under the

provisions of Evidence Act. It is argued that the charges

were vague and false and this petitioner has no way

connected with them. It is further, argued that the

charges levelled against the petitioner were not proved

as required under the provisions of Industrial Disputes

Act. It is argued by the petitioner Counsel that there

was serious of lacunae and contradictions among the

evidences of RW1 to RW3 and it was not sufficient

enough to prove the charges. It is argued by the

petitioner Counsel that RW1 has deposed that this

petitioner was absent for 5 days as per Ex.R16 and for

which also he has received a salary, whereas, RW2 has

deposed that this petitioner was absent for 27 days and

this petitioner has received a salary for the abovesaid

27 days. The petitioner’s side Counsel argued that as

per the charge-sheet, this petitioner was alleged as

absentee for 32 days and he received the salary for

32 days by deceitful means. It is argued that the

contradictions between the evidence of RW1 and RW2,

the contradiction between the documents Ex.R16 and

Ex.Pl were not considered by the Enquiry Officer. It is

further argued that no other workmen were examined to

prove the absence and receipt of salary by this

petitioner for the abovesaid period of 32 days. The

petitioner side Counsel argued that the management has

failed to prove the aspect of compulsion made by this

petitioner to the staff by name Mr. Allane and thereby

he coerced the abovesaid Mr. Allane and get attendance

in worksheet in SAP 6008. It is further argued that the

non-examination of the Mr. Allane by the management,

is a fatal to the case against the petitioner and the

Enquiry Officer failed to consider all these aspects and

he acted in a biased manner. The petitioner side Counsel

argued that the apology letter alleged to have been

given by Mr. Allane was marked as Ex.R9, which is

nothing but, a created document for the purpose of

victimization against the petitioner. The petitioner side

Counsel argued that in case, if, this petitioner was

absent for 32 days, definitely there may be some

substituted workman, who may worked in the place of

233

24 March 2020]

LA GAZETTE DE L’ETAT

this petitioner and he may also be get the salary for the

abovesaid period. The details of the substituted service

rendered by the other workman, the amount of the salary

received by the substituted workman, were not at all

produced before the Enquiry Officer and it was also not

considered by the Enquiry Officer. It is argued that this

petitioner has no possibility of making false entries in

the worksheet in SAP 6008 which is under the

supervision and control of the management staff. It is

argued that the Enquiry Officer acted in a biased manner

and he refused to give permission to this petitioner to

have engagement of his Advocate, though the management

has representation through its representative by name

Mr. Rajadurai, who is a practitioner in law. It is further

argued that the copy of the complaint was not served

to this petitioner and this petitioner was denied to

produce his evidences and records during his enquiry

proceedings. It is further argued that the Enquiry

Officer has acted in a biased manner and he has given

his report in favour of the management as usual. It is

further argued that the management has failed to take

any legal action against the so called Mr. Allane and

failed to recover the salary from the abovesaid

Mr. Allane, would goes to shows that the allegations

of mis-conduct is nothing, but, vague and false. It is

argued by the petitioner Counsel that no two cards can

be punched at a time in a punching machine and

therefore, allegation of misuse of punching card by this

petitioner and making of false entries by Mr. Allane,

would nothing, but, a cooked up story to victimize this

petitioner as he had played active role in the trade union

activities. The petitioner side Counsel argued that the

apology letter marked as Ex.R12, would goes to shows

that this petitioner and the so called the Mr. Allane were

friends from January 2014 alone and therefore, there is

no chance for misuse of punching cards and there is

no chance for making proxy entry in the SAP 6008 for

the period from June 2013 to December 2013. In fine,

the petitioner side Counsel argued that the management

has failed to prove the charges against the petitioner

and Enquiry Officer failed to consider the same and he

acted in a biased manner and gave a report in favour of

the management, which resulted in termination of this

petitioner from the respondent company, and therefore,

he is entitled for reinstatement with all other monetary

benefits.

6. The respondent side Counsel argued that this

petitioner along with one Mr. Allane cheated the

company and they indulged in breach of trust and

thereby they have made fraudulent entries in the SAP

as well as the Punching machine and thereby they have

received the salary for their absent period, which is a

serious mis-conduct, which resulted in termination of

this petitioner. It is further argued by the respondent

Counsel that the so called Mr, Allane has resigned his

job from the company and he left out to abroad and

therefore, there is no necessity for the respondent

company to have legal action against the so called

Mr. Allane and therefore, this petitioner cannot escape

from the clutches of law under the pretext of no action

against Mr. Allane. The respondent side Counsel argued

that this petitioner was provided all the documents and

the enquiry proceedings were conducted in a proper

manner by adherering natural principles of justice. It is

argued that there is no provision in Standing Orders of

the company, to have engagement of Lawyer by the

employee. It is argued that this petitioner has engaged

the co-employee/trade union Secretary by name

Jayakumar and he hes fully utilized the abovesaid

person throughout the enquiry proceedings. It is argued

that totally three witnesses (MW1 to MW3) were

examined on the side of the management and they were

thoroughly cross-examined by this petitioner and this

petitioner has not produced any witness on his side and

endorsement in this aspect also made by this petitioner

himself. It is argued that the allegation of denial of

engagement of Advocate, non-supply of copy of the

complaint are all nothing but, cooked up story. It is

argued that this petitioner has not made any request in

respect of copy of the complaint and engagement of

Advocate to assist him before the Enquiry Officer. It is

argued that this petitioner was placed in the Duplex 2

machine section and he has no connection with the

salvage department, but, with his influence with

Mr. Allane, he has made entries in the working sheet in

SAP 6008 and in response he has made proxy entries

for the abovesaid Mr. Allane on 09-04-2014 and

10-04-2014 by using Punching card on 09-04-2014 and

10-04-2014. In fine, respondent side Counsel argued that

this petitioner indulged in misconduct of fraud and

cheating and therefore, he has been terminated from his

service after complying all the legal formalities and

therefore, he prayed to dismiss the claim of this

petitioner.

7. Points for consideration:

Whether, the management has adopted all the

legal formalities during the disciplinary proceedings?

and whether he was removed from his service in

accordance with law? and whether this petitioner was

entitle for reinstatement with all monetary benefits?

are the points to be decided in this case.

8. On the Point:

The petitioner was an employee in the respondent

company and he has been removed from his service

by the management are all admitted facts. Whether,

234

LA GAZETTE DE L’ETAT

[24 March 2020

the order of the removal/termination on the basis of

the enquiry proceedings is justifiable or not is to be

decided hereunder.

9. The first and foremost argument advanced by the

petitioner Counsel is that the Enquiry Officer failed to

adopt the natural principles of justice and he has acted

in a perversed manner and therefore, the report of the

Enquiry Officer has to be rejected in total. To find out

the genuinity of the abovesaid argument, this Court

inclined to go through the evidence adduced by the

petitioner. This petitioner examined himself as PW1 in

this case. In his chief examination, he has deposed that

“the copy of the complaint against me was not served

to me. I gave a request to the Enquiry Officer to furnish

the copy of the complaint. Enquiry Officer failed to

comply the same and failed to give suitable reply for

the abovesaid request. I was denied to cross-examined

Mr. Allane. I was denied to have engagement of an

Advocate. The Enquiry Officer has not given, any reply

to the request made to him regarding the assistance by

Advocate. The Enquiry Officer failed to comply the

natural principles of justice. The management failed to

comply the clause/section 27.2.2 of the Standing Order.

The Enquiry Officer failed to give the copy of the

complaint, dated 23-04-2014 given by Mr. Kalaiselvan”.

10. From and the abovesaid evidence, the petitioner

side Counsel argued that there was some perversity in

the nature of enquiry and the natural principles of

justice was also not followed by the Enquiry Officer.

At this juncture, this Court inclined to go through the

evidence adduced by PW1 in his cross-examination. In

his cross- examination he has deposed that “I was

served with enquiry notice, dated 06-05-2014 (Ex.R1) and

fully participated in the enquiry on 06-05-2014, the

enquiry proceedings, dated 06-05-2014 was Ex.R2. The

co-employee by name, Mr. Jayakumar (Joint Secretary)

participated in the enquiry proceedings with me.

I participated in the proceedings fully. I received a copy

of the Enquiry proceedings by putting my signature,

it was marked as Ex.R2. The co-employee by name

Mr. Jayakumar was presented for my assistance.

I cross-examined the witnesses. I received the Enquiry

proceedings of the 3rd witness by name Franklin Vijay

on the side of the management. I signed the Enquiry

proceedings, dated 01-07-2014. I endorsed that no

witness on my side, I filed the written argument. I have

said nothing to say in the enquiry on the delinquent

side. The co-employee Mr. Jayakumar also signed the

same. I have also read and signed the same”.

11. On perusal of the abovesaid cross-examination,

it is found that this petitioner has fully and

wholeheartedly participated in the enquiry proceedings

along with his assistance by name Mr. Jayakumar and

he received the copies of all the proceedings and to that

effect he and his co-employee by name, Mr. Jayakumar

has signed the proceedings paper. All these facts would

goes to shows that the Enquiry Officer has given proper

opportunity to the petitioner and he was permitted to

participate in the Enquiry proceedings with his

Assistant by name, Mr. Jayakumar and he was also

provided with the all the documents marked during the

Enquiry proceedings. It also shows that he was given

opportunity to file his written argument and this

petitioner has also filed the same before the Enquiry

Officer. From these evidences and on analysis, this

Court come to the conclusion that the natural principles

of justice was followed and adopted by the Enquiry

Officer during the enquiry proceedings.

12. At this juncture, the petitioner side Counsel

argued that as per clause/section 27.2.2 of Standing

Orders this petitioner has to be given permission to

conduct his case through an Advocate. Per contra, the

management side Counsel argued that as per the

Standing Orders the delinquent cannot get Assistance

of the Advocate and he can participate in the enquiry

and he can cross-examine the witness either by himself

or through his co-employee who assisted him. In

support of his argument he has produced the copies of

the Standing Order of the company section 27.2.2 of

Standing Order runs as follows:

“At the enquiry, the workmen concerned shall be

given a reasonable opportunity to defend himself i.e.,

he will be given opportunity to examine himself and

his witnesses and cross-examine the management’s

witness, he can produce any material evidence that

may be relevant to the enquiry. If, the charged

workman so desires in writing, he will be allowed in

the conduct of the enquiry the Assistance of a

co-workman or any Office Bearer of a trade union who

is an employee of the establishment of which he is a

member and the co-workman shall assist only in

matters of clarification and to see that principles of

natural justice are adhered to”.

13. From and out of the abovesaid Standing Order,

this Court come to the conclusion that the denial to the

request made by the petitioner is a valid one and it is

not against the Standing Order. At this juncture, the

petitioner side Counsel filed a citation reported in 1988

(2) MLJ 389 wherein, the Hon’ble High Court has held

that the denial of the request made by the delinquent

to have engagement of Advocate will amounts to denial

of reasonable opportunity to defend himself and

therefore, it would amounts to violation of principles

of natural justice. Here, in this case, this petitioner has

235

24 March 2020]

LA GAZETTE DE L’ETAT

deposed that he has given a request on 20-05-2014,

seeking Assistance by an Advocate to defend his case.

But, he has not produced any such document showing

his request made before the Enquiry Officer.

Furthermore, as per clause 27.2.2 of Standing Order this

petitioner has took the Assistance of one Jayakumar

who is the Joint Secretary of the M.R.F. Employees

union, and cross-examined all the three management

side witnesses thoroughly with his Assistance.

Therefore, this Court was unable to come to the

conclusion that there was violation of natural principles

of justice and therefore, the argument advanced on this

score is rejected in total.

14. The petitioner has deposed that the copy of the

complaint was not served to him, which is also against,

the principles of natural justice. Per contra, the

respondent side Counsel argued that the copy of the

complaint was given to this petitioner at the time of

enquiry proceedings. The so called copy of the

complaints were marked as Ex.R15, 16 and R10 in this

case. Further, the letter given by the so called Mr. Allane

was also marked as Ex.R9 in this case. The enquiry

report in this case was marked as Ex.R17. The Enquiry

proceedings were marked as Ex.R2 in this case. The

abovesaid complaints, dated 23-04-2014 by Mr. Franklin,

complaint, dated 25-04-2014 by Mr. Senthil Kumar and

complaint, dated 25-04-2014 given by Mr. Kalaiselvan

were marked as Ex.MW13, 12 and 4 in the Enquiry

proceedings. On perusal of Ex.R2, the Enquiry

proceedings, the petitioner himself has admitted that he

has perused the abovesaid copy of the complaints

during his presence in the enquiry proceedings before

the Enquiry Officer. Furthermore, endorsement in this

regard was also made in the Enquiry proceedings, dated

27-04-2014, wherein, this petitioner and his Assistant

Jayakumar also signed it. Therefore, it is clear that the

non supply of copy of the documents was nothing but,

an utter lie. Therefore, this Court come to the

conclusion that there was no perversity or failure in

adopting the principles of natural justice by the Enquiry

Officer during the Enquiry proceedings. At this justice,

this Court inclined to reproduce the verdict/findings/

observation made by the Hon’ble Supreme Court, in the

citation reported in AIR 1996 SC 2474, in the case of

State of Tamil Nadu ... Appellant

Vs.

K.V. Perumal and others ... Respondent

“The fourth ground also thus disappears. Now,

remains only the third ground viz., the non-furnishing

of the documents asked for by the respondent.

The Tribunal seems to be under the impression that the

Enquiry Officer/Disciplinary Authority is bound to

supply each and every document that may be asked for

by the delinquent Officer/Employee. It is wrong there.

Their duty is only to supply relevant documents and

not each and every document asked for by the

delinquent Officer/Employee”. Hence, as per the

abovesaid findings/observations it is not relevant to

supply the copies of all the documents unless it is

relevant. Here, in this case also, the abovesaid citation

was squarely applicable, as the petitioner has failed to

show, how it is relevant. Hence, the abovesaid

argument also goes out as per said citation.

15. The petitioner has deposed that the management

side witness by name Senthilkumar has adduced

evidence before the Enquiry Officer that this petitioner

was absent for 5 days as detailed below:

July 2013

10 and 11

October 2013

21

December 2013

06 and 07

Total

5 days

16. Further he has deposed that the management

side witness by name Franklin has deposed before

the Enquiry Officer that this petitioner was absent

for 27 days as detailed below:

June 2013

03, 4, 20 and 24.

July 2013

05,10 and 11.

August 2013

08, 17, 18 and 28.

September 2013

02, 05, 09, 10, 13 and 14.

October 2013

05, 07, 10, 19 and 21.

December 2013

06, 07, 18, 19 and 24.

Total

27 days.

17. Further, this petitioner has deposed that as per

the charge sheet (Ex.Pl) he has been shown as absent

for 32 days as follows:

June 2013

03, 04, 07, 10, 12, 13, 14,

20, 24 and 28.

July 2013

05, 10 and 11.

August 2013

08, 17 and 28.

September 2013

02, 05, 09, 10, 13 and 14.

October 2013

05, 07, 10, 19 and 21.

`

December 2013

06, 07, 18, 19 and 24.

Total

32 days.

236

LA GAZETTE DE L’ETAT

[24 March 2020

18. Further, the petitioner has deposed that the non-

examination of Mr. Allane was also fatal to the

management and the Enquiry Officer has failed to

consider the same. From and the out of the abovesaid

evidences, the petitioner side Counsel has argued that

the charges were vague and the evidences between

RW.1 to RW.3 were totally contra to each other and the

non-examination of Mr. Allane was paucity to the

management, even then the Enquiry Officer has

concluded the enquiry in favour of the management and

therefore, it has to be rejected in total. Per contra, the

respondent side Counsel argued that the inadequacy of

the evidences before the Enquiry Officer cannot be

weighed by this Court at this stage, and this Court

cannot act as a appellate authority of the Enquiry Officer

and therefore, he has requested to reject the argument

advanced on the petitioner side. At this juncture, this

Court inclined to go through the judgment rendered by

the Hon’ble Supreme Court reported in AIR 1996

Supreme Court 2474 in the Civil Appeal No. 9229/1996

in the case of

State of Tamil Nadu ... Appellant

Vs.

K.V. Perumal ... Respondent

19. Wherein, the paragraph Nos. 2, 3 and 4 runs as

follows:

“Thiru. K.V. Perumal was a Deputy Registrar of the

Co-operative Societies under the Government of

Tamil Nadu. He was suspended pending enquiry into

certain gave charges which are set out in the memo

of charges dated November 3, 1987. There are two

charges and in support of each charges supporting

material and particulars are elaborately set out. The

respondent did not furnish a reply to the memo of

charges. By an application, dated September 23, 1988,

he asked for perusal of certain “records and files”

which according to him were quite essential for the

purpose of preparing the statement defence by him.

He seems to have addressed certain further

representations to the same effect. On September 26,

1989, the Registrar of Co-operative Societies (who

had served the memo of charges to whom the

respondent had made representation for supply of

documents) wrote to the respondent asking him to

specify how the records asked for by him were

relevant to the charges framed. He also stated that

his duty is to supply only those documents which

are relevant to the charges and not each and every

document asked for by the respondent. It appears

that the respondent did not comply with the said letter

of the Registrar.The Enquiry Officer appointed by the

Registrar sent notices to the respondent to attend

the enquiry, but, the respondent declined to do so.

The Enquiry Officer thereupon perused the records

and submitted a report holding both the charges as

established. A copy of the Enquiry Officer’s report was

communicated to the respondent who submitted a

detailed representation. The Tamil Nadu Public

Service Commissions which was consulted in the

matters recommended the removal of the respondent.

On September 22 1991 the respondent was served

with orders removing him from the service. (As a

matter of fact, he was to retired from service on

September 30, 1991) A Review Petition filed by the

respondent was rejected by the Government

whereupon he approached the Tamil Nadu Tribunal

by way of O.A. No. 1) 1053 of 1992. The Tribunal

allowed the respondent’s O.A, set aside the order of

removal and directed that the respondent be treated

as on medical leave, to which he is eligibles, during

the period of suspension and that he shall also be

entitled to all benefits under the rules”.

20. “The Tribunal has allowed the O.A on four

grounds viz., (1) that the charges are vague; (2) that

the appointment of Enquiry Officer was itself illegal in

as much as the person appointed as Enquiry Officer was

himself a witness against the respondent; (3) the failure

to supply the documents asked for by the respondent

amounts to violation of the principles of natural justice

and; (4) the charges levelled against the respondent

cannot be said to have been established on the material

before the Enquiry Officer/Disciplinary Authority”.

21. “After hearing the Counsel for the parties we find

that grounds 1, 2 and 4 are unsustainable in law and

on facts of the case. We need not deal with grounds 1

and 2 in as much as Shri Venkatramani, learned Counsel

for the respondent, did not seek to support to the said

grounds. Be that as it may, we have perused the memo

of charges and we do not find any vagueness in the

charges. Similarly, the second ground given by the

Tribunal appears to be based upon a mistake as to the

identity of the person appointed as the Enquiry Officer.

So far as, the fourth ground is concerned it has been

repeatedly held by this Court that it is not the province

of the Tribunal to go into the truth or otherwise of the

charges and that the Tribunal is not an appellate

authority

over

the

departmental

authorities.

Accordingly, the Tribunal must be held to have

exceeded its jurisdiction in entering upon a discussion

whether, the charges are established on the material

available. The fourth ground also thus disappears. Now,

remains only the third ground viz., the non-furnishing

of the documents asked for by the respondent. The

Tribunal seems to be under the impression that the

Enquiry Officer/Disciplinary Authority is bound to supply

each and every document that may be asked for by the

Delinquent Officer/Employee. It is wrong there. Their

237

24 March 2020]

LA GAZETTE DE L’ETAT

duty is only to supply relevant document and not each

and every document asked for by the Delinquent Officer/

Employee. In this case, the respondent had asked for

certain documents. The Registrar, to whom the request

was made, called upon him to specify the relevance of

each and every document asked for by him. It is not

brought to our notice that the respondent did so. The

Tribunal too has not gone into the question nor has it

expressed any opinion whether, the documents asked

for were indeed relevant and whether their non-supply

has prejudiced the respondent’s case. The test to be

applied in this behalf has been set out by this Court in

State Bank of Patiala v. S.K. Sharma, 1996 (3) Scale 202:

(1996 AIR SCW 1740). It was the duty of the

respondent to point out how each and every document

was relevant to the charges or to the enquiry being held

against him and whether, and how their non-supply has

prejudiced his case. Equally, it is the duty of the

Tribunal to record a finding whether, any relevant

documents were not supplied and whether such

on-supply has prejudiced the defendant’s case. Since,

this has not been done by the Tribunal in this matter,

it has to go back for a rehearing”.

22. Furthermore, as per judgment,rendered by the

Hon’ble Supreme Court in the case of

Government of Tamil Nadu and another

Vs.

Rajapandian

Reported in 1995 1 LLJ Supreme Court 953

Wherein the paragraph Nos. 8, 9 and 10 runs as

follows:

“We have quoted above three paragraphs from

the impugned order of the Administrative Tribunal

to show that the Tribunal reappreciated the evidence

recorded before the inquiring authority. The

Administrative

Tribunal

reached

different

conclusions from the inquiring authority on its own

evaluation of the evidence. The Tribunal fell into

patent error and acted wholly beyond its jurisdiction.

It is not necessary for us to go into the merits of

appreciation of evidence by the two authorities

because we are of the view that the Administrative

Tribunal had no jurisdiction to sit as an appellate

authority over the findings of the inquiring

authority”.

23. This Court in Union of India v. Sardar Bahadur

(1972-I-LLJ-l), held as under: P.6

“A Disciplinary proceeding is not a Criminal Trial.

The standard of proof required is that of

preponderance of probability and not proof beyond

reasonable doubt. If, the inference that Nand Kumar

was a person likely to have official dealings, with the

respondent was one which reasonable person would

draw from the proved facts of the case, the High

Court cannot sit as a Court of appeal over a decision

based on it. Where, there are some relevant materials

which the authority has accepted and which material

may reasonably support the conclusion that the

officer is guilty, it is not the function of the High

Court exercising its jurisdiction under Article 226 to

review the materials and to arrive at an independent

finding on. the materials. If, the enquiry has been

properly held the question of adequacy or reliability

of the evidence cannot be canvassed before the High

Court”.

24. In Union of India v. Parma Nanda (1989-II-LLJ-57),

this Court observed as under : pp (64-65)

“We must unequivocally state that the jurisdiction

of the Tribunal to interfere with the disciplinary

matters or punishment cannot be equated with an

appellate jurisdiction. The Tribunal cannot interfere

with the findings of the Inquiry Officer or competent

authority where, they are not arbitrary or utterly

perverse. It is appropriate to remember that the power

to impose penalty on a Delinquent Officer is conferred

on the competent authority either by an Act of

legislature or rules made under the proviso to Article 309

of the Constitution. If, there has been an enquiry

consistent with the rules and in accordance with

principles of natural justice what punishment would

meet the ends of justice is a matter exclusively within

the jurisdiction of the competent authority. If, the

penalty can lawfully be imposed and is imposed on

the proved misconduct, the Tribunal has no power

to substitute its own discretion for that of the

authority”.

25. From and out of the abovesaid citations, it is

clear that the Tribunal cannot reappreciate the findings

recorded by the Enquiry Officer/Authority and reach

different conclusions on its own evaluation of evidence.

In the above reported citation, the Administrative

Tribunal acted as appellate authority over the finding

of inquiry authority, and so, it is held that “the

Tribunal must be held to have exceeded its jurisdiction

in entering upon a discussion whether the charges are

established on the materials available”. It shows that

the Tribunal is not having power to interfere with the

findings of the Enquiry Officer, and if, it was done, then

it will amounts to exceeding of its jurisdiction by the

Tribunal. Therefore, this Court is not empowered to

have discussion over the finding given by the Enquiry

Officer as it was not in perverse or against the principles

238

LA GAZETTE DE L’ETAT

[24 March 2020

of natural justice. At this juncture. this Court inclined

to go through the judgment rendered by the Hon’ble

Madhya Pradesh High Court, Jabalpur in the appeal

No. 780/2016 in R.K. Solangi Vs. Central Bank of India,

wherein, Para 9 page No. 3, para 16 in page No. 4, para

13 in page No. 5 runs as follows:

“The scope of departmental inquiry and criminal

cases have been considered by the Apex Court in

number of cases. The said issue is no longer res

Integra. In B.C. Chaturvedi Vs. Union of India (1995)

6 SCC 749 the Supreme Court has held as under:

“12. Judicial review is not an appeal from a

decision but, a review of the manner in which the

decision is made. Power of judicial review is meant

to ensure that the individual receives fair treatment

and not to ensure that the conclusion which the

authority reaches is necessarily correct in the eye of

the Court. When an inquiry is conducted on charges

of misconduct by a public servant, the Court/Tribunal

is concerned to determine whether the inquiry was

held by a Competent Officer or whether, rules of

natural justice are complied with. Whether, the

findings or conclusions are based on some evidence,

the authority entrusted with the power to hold

inquiry has jurisdiction, power and authority to reach

a finding of fact or conclusion. But, that finding must

be based on some evidence. Neither the technical

rules of Evidence Act nor of proof of fact or evidence

as defined therein, apply to disciplinary proceeding.

When the authority is entitled to hold that the

Delinquent Officer is guilty of the charge. The Court/

Tribunal in its power of judicial review does not Act

as appellate authority to reappreciate the evidence

and to arrive at its own independent findings on the

evidence. The Court/Tribunal may interfere where,

the authority held the proceedings against the

Delinquent Officer in a manner inconsistent with the

rules of natural justice or in violation of statutory

rules prescribing the mode of inquiry or where the

conclusion or finding reached by the disciplinary

authority is based on no evidence. If, the conclusion

or finding be such as no reasonable person would

have ever reached, the Court/Tribunal may interfere

with, the conclusion or the finding, and mould the

relief so as to make it appropriate to the facts of each

case, emphasis supplied”.

26. “Before adverting to the first contention of the

appellant regarding want of material to establish the

charge, and of non-application of mind, we will have to

bear in mind the rule that the Court while exercising writ

jurisdiction will not reverse a finding of the inquiring

authority on the ground that the evidence adduced

before it is insufficient. If, there is some evidence to

reasonably support the conclusion of the inquiring

authority, it is not the function of the Court to review

the evidence and to arrive at its own independent

finding. The inquiring authority is the sole judge of the

fact so long as there is some legal evidence to

substantiate the finding and the adequacy or reliability

of the evidence is not a matter which can be permitted

to be canvassed before the Court in writ proceedings”.

27. “As per the principles laid down in the aforesaid

cases, it is clear that interference can be made against

the findings of Inquiry Officer and other authorities,

provided findings are perverse or it is a case of no

evidence. If there is some evidence to support the

conclusion of Inquiring Authority, no interference can

be made. Adequacy of evidence cannot be subject

matter of judicial review”.

28. As per the abovesaid judgment, the Tribunal can

interfere with the findings of the Enquiry Officer

provided it is perverse or it is the case of no evidence.

If, there is some evidence to support the conclusion of

Enquiry Authority no interference can be made.

Adequacy of evidence cannot be a subject matter of

judicial review. It is also held that the Tribunal has no

jurisdiction to reverse the finding of the Enquiry Officer

on the ground that the evidence adduced before the

Enquiry Officer is insufficient and it is also held that, it

is not the function of the Tribunal to review the

evidence and to arrive its own independent findings.

The Enquiry Authorities were sole judge of the fact, so

long as, there is some legal evidences to substantiate

the findings and the adequacy or reliability of the

evidence is not a matter which can be permitted to be

canvassed before the Tribunal. Therefore, on the basis

of the abovesaid citations the inadequacy or the paucity

of evidence cannot be considered by this Tribunal and

therefore, the argument put forth by the petitioner side

Counsel cannot be taken into consideration.

29. Just for the argument sake, this Tribunal goes

through the Enquiry Officer report Ex.R17. Here, in this

case, the Enquiry Officer has given his report after

giving sufficient opportunity to this petitioner. He has

supplied the copies of the documents to this petitioner.

He has permitted this petitioner, to have his cross-

examination. He heard the argument advanced by this

petitioner, and finally he has given finding/report and

it was marked as Ex.R17, wherein, the Enquiry Officer

has clearly stated the valid reasons for his conclusion

in page 15 to 17 as follows:



T.



Attendance Details

239

24 March 2020]

LA GAZETTE DE L’ETAT

Extruder

Area Incharge



J.(J. Allane)

Emp.No.



Entry



Punch-In

Punch-outSAP

Attendance Update



Extruder

Punching details











Punching

detailsSAP

(Punching In and Out)

In and Out Punching



















Punch

Extruder

In-Punch

ExtruderOut

Punch











































































30. 







Work

Sheet

Entry



Compare



Production Supervisor





Cost CenterWork Sheet





















31. 





Cross Verify

AttendanceAbsentWork Sheet

Cost Center

Pay

Slip

Verify





“B”

Out-Pass



cost Center

hrs.Work Sheet Entry

“B”



















General Extruder

“” 





240

LA GAZETTE DE L’ETAT

[24 March 2020



“”



Salvage







































32. 



Extruder

Area Incharge







Work Sheet Entry











Work Sheet Entry

Cost CenterSalvaging





Work

Sheet

Entry









33. 



































































34. 



















































35. 

































































36. It speaks in volume that the Enquiry Officer has

given his findings on the basis of evidences of RW.1

to RW.3 and on the basis of the document marked on

the side of the management. It shows that the Enquiry

Officer has given his report based legal evidence and

not on “No evidence”. Hence, this Tribunal comes to

the conclusion that there was not perversity or violation

of natural principles of justice by the Enquiry Officer

in the Enquiry proceedings and therefore, it is held that

it is not necessary to interfere with the finding of the

Enquiry Officer report.

241

24 March 2020]

LA GAZETTE DE L’ETAT

37. The next point for consideration is whether the

order of termination is proportionate or not? In this

regard, the petitioner side Counsel filed a citation

reported in 2010 LLR 744 by the Hon’ble Bombay High

Court, wherein, it is held that the dismissal of the

watchman who mishandled and became violent towards

his superior, has not been disproportionate to the

misconduct and therefore, there is no warrant for

interference of the order of the Labour Court. The

petitioner side Counsel filed another citation reported

in 2005 (2)CTC 730 by Hon’ble Madras High Court,

wherein, the Hon’ble High Court has held that dismissal

from service for unauthorized absent is proportionate

and it is not disproportionate. Further, the petitioner

side Counsel has filed another citation reported in 2001

LLR 1213 by Patna High Court, wherein, the Hon’ble

High Court has held that dismissal of the Assistant

Manager is not illegal for the misconduct of various act

of omission and commission as mentioned in the charge

sheet. Here, in this case also this petitioner was absent

for 32 days as per Ex.P1, during his tenure in the

respondent factory from June 2013 to December 2013,

for that period he has made worksheet entries through

his colleague by name Mr. Allane in the working sheet

in SAP 6008, and for that period also he has received

his salary. Further, this petitioner has made proxy

entries to Mr. Allane for the dates 09-04-2014 and

10-04-2014. All these facts were proved by the

management before the Enquiry Officer by examining

three management side witnesses, namely, Kalaiselvan,

Franklin Vijay and Rajadurai. To substantiate their

evidences the management has produce as many as 22

documents before the Enquiry Officer. The enquiry

report was also infavour of the management, which

would goes to shows that this petitioner indulged in

making proxy entries and also gained unlawful

advantages through his colleague by receiving salary

for his absent period. Since, the abovesaid act of

misconduct is serious and grave, the punishment

imposed upon the petitioner found to be justifiable and

proportionate one. Further, the respondent side Counsel

filed the citations reported in 2001 LLR 401 (Madhya

Pradesh High Court), 2001 LLR 1154 SC and 2001 LLR

1237 Kerala High Court, and thereby he argued that the

management has loss its confidents against this

petitioner and therefor no leniency was granted or

shown in favour of this petitioner. As per the citations

mentioned in 2011 LLR 401, causing monetary loss to

the corporation is held as serious one. Further, in the

abovesaid judgment it is held that if dishonest person

are allowed to continue in corporation it may cause

monetary loss to the corporation and in such

circumstances, leniency is not permissible. Here, in this

case also,this petitioner has gained unlawful

advantages by receiving salary for his absent period

and thereby caused monetary loss to the respondent

company. Furthermore, he has made proxy entries for

Mr. Allane and thereby acted as a tool for unlawful gain

for Mr. Allane and thereby he has caused monetary loss

to the respondent company. All these things would

goes to shows that leniency is not permissible in this

case. Hence, this Tribunal comes to the conclusion that

the order of dismissal of this petitioner from the service

is in accordance with law and the punishment of

termination is also proportionate one.

38. Now, the last point for consideration: Whether,

this petitioner is entitle for reinstatement with all

monetary benefits?

39. As per the above discussions this petitioner was

removed from his service in accordance with law for his

proven misconduct. Therefore, this Court come to the

conclusion that he was not entitle for reinstatement with

all monetary benefits as he claimed in this petition.

40. In the result, the order of dismissal by the

management is decided as justifiable and the industrial

dispute raised by the petitioner, against the management

is decided as unjustified and hence, this Industrial

Dispute is dismissed. No cost.

Dictated to Stenographer, transcribed by him,

corrected and pronounced by me in the Open Court on

this the 9th day of December, 2019.

V. PANDIARAJ,

Presiding Officer,

Industrial Tribunal-cum-

Labour Court, Puducherry.

List of petitioner’s witness:

PW.1

— 20-09-2017

A. Muthukumarasamy

List of petitioner’s exhibits:

Ex.P1

— 28-04-2014

Copy of show cause notice

issued

to

the

claim

petitioner.

Ex.P2

— 30-04-2014

Copy of written explanation

of the claim petitioner.

Ex.P3

— 17-09-2014

Copy of second show cause

notice issued to the claim

petitioner.

Ex.P4

— 20-05-2014

Copy of requisition letter

given by the petitioner to

the Conciliation Officer for

appointing a Counsel on

behalf of the petitioner.

242

LA GAZETTE DE L’ETAT

[24 March 2020

Ex.P5

— 20-05-2014

Copy of requisition filed by

the petitioner for obtaining

copy of the complaint.

Ex.P6

— 05-01-2015

Copy of the termination from

service

of

the

claim

petitioner.

Ex.P7 —

Letter to the Conciliation

Officer raising industrial

dispute by the petitioner.

List of respondent’s witness:

RW.1

— 21-03-2018

Kalaiselvan

RW.2

— 09-01-2019

Franklin Vijay

RW.3

— 10-04-2019

Rajadurai

List of respondent’s exhibits:

Ex.R1 — 06-05-2014

Copy of the notice of

enquiry.

Ex.R2 — 09-05-2014

C o p y o f t h e En q u i r y

—

pro ceed ings against the

01-07-2014

claim petitioner.

Ex.R3 —

Petitioner’s signature found

in the enquiry proceedings.

Ex.R4 — 28-04-2014

Copy of the show cause

notice issued to the claim

petitioner.

Ex.R5 — 30-04-2014

Copy the written explanation

of claim petitioner.

Ex.R6 — 17-12-2013

Copy of factory outpass of

the claim petitioner.

Ex.R7 —

Copy of punching entry

details of the claim petitioner

and J. Allane.

Ex.R8 —

Copy of attendance details

from

21-03-2014

to

15-04-2014.

Ex.R9 — 23-04-2014

Copy of letter of J. Allane.

Ex.R10 — 25-04-2014

Copy of complaint received

from the time office as

against the claim petitioner.

Ex.R11 — 22-04-2014

Copy of show cause notice

issued to Mr. J. Allane.

Ex.R12 — 22-04-2014

Copy of reply of show cause

notice by Mr. J. Allane.

Ex.R13 — 23-04-2014

Copy of resignation letter by

Mr. J. Allane.

Ex.R14 — 22-05-2014

Copy of resignation letter by

Mr. J. Allane.

Ex.R15 — 23-04-2014

Copy of the complaint letter

of M. Franklin Vijay.

Ex.R16 — 25-04-2014

Copy of the complaint letter

of J. Senthil Kumar.

Ex.R17 — 04-08-2014

Copy of the enquiry report of

the claim petitioner.

Ex.R18 — 17-09-2014

Copy of the second show

cause notice issued to the

claim petitioner.

Ex.R19 — 22-12-2003

Copy of the severe warning

letter issued to the claim

petitioner.

Ex.R20 — 03-01-2004

Copy of the warning letter

issued to the claim petitioner.

Ex.R21 — 14-03-2005

Copy of the advice letter

issued to the claim petitioner.

Ex.R22 — 20-11-2003

Copy of the warning letter

issued to the claim petitioner.

Ex.R23 —

Copy of the attendance

details

(worksheet

and

punch entry) of the claim

petitioner from June 2013 to

December 2013.

Ex.R24 —

Copy of the salary slip of the

claim petitioner from June

2013 to December 2013.

Ex.R25 —

Copy of Lave Card of the

claim petitioner.

Ex.R26 — 04-10-2014

Copy of explanation of the

Claim petitioner.

Ex.R27 — 05-01-2015

Copy of the termination from

service

of

the

claim

petitioner.

Ex.R28 — 12-01-2015

Copy of the representation

of the claim petitioner to the

Labour Officer (Conciliation),

Puducherry.

Ex.R29 —

Copy of the reply of the

respondent management to the

Labour Officer (Conciliation),

Puducherry.

V. PANDIARAJ,

Presiding Officer,

Industrial Tribunal-cum-

Labour Court, Puducherry.