In a writ petition challenging the Labour Court's order of reinstatement with partial backwages, the High Court held termination was valid due to alleged illegal activity without domestic enquiry but allowed 25% backwages for natural justice.
Management Club to pay 25% backwages of last salary from 05.05.2008 to 10.02.2015 within one month.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
CAV ON:22/12/2014
DATED:10/02/2015
CORAM
THE HONOURABLE MR.JUSTICE C.S.KARNAN
W.P.No.27231 of 2014
and
M.P.No.1 of 2014
The Management,
Madras Race Club,
Udagamand,
Nilgris District. ... Petitioner
Vs.
1.L.Sreenivasan
2.The Presiding Officer,
Labour Court,
Coimbatore.
... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a writ , order, or direction in the nature of the Writ of Certiorari calling for the records of the second respondent order dated 25.02.2014 passed in I.D.No.154 of 2011 by the Labour Court, Coimbatore and quash the same.
For Petitioner : Mr.L.Dhamodaran For Respondents: Mr.T.Sundara Vadhanan
for M/s.V.Bharathidasan for R1 Court R2
O R D E R The short facts of the case are as follows:-
The 1st responder herein had filed a case in I.D.No.154 of 2011, on the file of the Labour Court, Coimbatore against the writ petitioner herein stating that he had worked as a Permanent Employee in the Management Club for more than 23 years. While so, on 05.05.2008 the Narcotic Intelligence Bureau, Coimbatore, has arrested the petitioner based on the false complaint lodged by the Manager of the Management Club. On the basis of the said complaint the concerned Police wing had proceeded with the criminal case against the employee. After a full fledged trial the employee was https://hcservices.ecourts.gov.in/hcservices/ acquitted from the said criminal case. After acquittal the
employee made a request to the Management Club to provide him with a job, the same was refused, hence the above case had been levelled against the writ petitioner herein/Management.
(i) The employee had stated that he rendered service for more than 23 years before the termination of service was served. In order to prove the same no documentary proof was marked before the Labour Court. The Management had marked Exhibits M1 and M3 i.e., date of employment and last pay drawn salary respectively. As such, the petitioner had joined duty as a Gardener on 19.08.2007 and rendered service upto 05.05.2008, therefore the petitioner has rendered garden service at the Management Club for around one year. Therefore continuity of service ordered by the Labour Court is not appropriate;
(ii) The petitioner had been arrested by the Special Wing Police under Narcotic Drug Psychotropic Substances Act, subsequently prosecution went on, this was an admitted fact, therefore domestic enquiry is not required in the instant case. Therefore, the termination order is suitable for execution;
(iii) In the interest of natural justice, the petitioner shall be allowed to receive 25% backwages from the date of termination i.e., 05.05.2008 to date of disposal of the above writ petition i.e., upto 10.02.2015.
Sd/-
Assistant Registrar
//True Copy//
Sub Assistant Registrar
ub
To
The Presiding Officer,
Labour Court,
Coimbatore.
+ 1 cc to Mr.L. Dhamodaran, Advocate Sr.7527
W.P.No.27231 of 2014
and
M.P.No.1 of 2014
VSN(CO)
Eu 26.02.15
3 issues framed by the court
Whether the petitioner is entitled to full backwages and reinstatement after criminal acquittal.
Whether a domestic enquiry was required before terminating the employee's services.
Whether the Labour Court's interim order regarding 25% backwages should be modified.
1 provisions across 1 enactments
The Management, Madras Race Club
L.Sreenivasan
The Presiding Officer, Labour Court, Coimbatore
C.S.Karnan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
