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2019 Supreme(Mad) 701
IN THE HIGH COURT OF JUDICATURE AT MADRAS
SUBRAMONIUM PRASAD, J.
The Chief Administrative Officer - Petitioner
Versus
The Presiding Officer & Another - Respondent
W.P. No. 2873 of 2013
Decided On : 12-04-2019
Advocate Appeared:
For the Petitioner:T.P. Savitha, Advocate.
For the Respondents:L. Chandrakumar, Advocate.
The termination of a temporary employee's services without holding an enquiry for alleged unauthorized absence and unsatisfactory services is illegal and punitive, requiring a departmental enquiry.
Headnote:
Termination - Industrial Dispute - Industrial Dispute Act, 1947 - Section 25G, Section 25H
Fact of the Case:
The respondent's services were terminated without holding an enquiry for alleged unauthorized absence and unsatisfactory services. The Labour Court held that the termination was illegal and punitive, setting aside the order and directing the respondent's reinstatement.
Finding of the Court:
The Labour Court found the termination to be illegal and punitive, requiring a departmental enquiry. The respondent was directed to be reinstated in service.
Issues: The main issue was whether the termination of the respondent's services without holding an enquiry for alleged unauthorized absence and unsatisfactory services was legal and justified.
Ratio Decidendi: The termination of the respondent's services without holding an enquiry for alleged unauthorized absence and unsatisfactory services was held to be illegal and punitive, requiring a departmental enquiry.
Final Decision: The order terminating the respondent's services was set aside, and the respondent was directed to be reinstated in service.
(Prayer: Writ Petition is filed under Article 226 of the Constitution of India, for issuance of a writ of Certiorari, calling for the records of the first respondent relating to the impugned award of the first respondent in I.D.No.12 of 2011 dated 20.09.2012 and quash the same.)
1. This writ petition is direct against the award dated 20.09.2012, passed by the Central Government Industrial Tribunal cum Labour Court, Chennai, in Industrial Dispute No.12 of 2011.
2. The respondent offered his services for being appointed a Bungalow Lascar to Deputy Chief Engineer, GCI/TPJ, by letter dated 07.04.2005. The writ petitioner by a letter dated 25.05.2005, communicated the approval of the respondent as a fresh face Substitute Bangalow Lascar in the scale of pay of Rs.2550-3200 to Sri Himanshu Goswari, Dy.CE/CC/1/TRJ. An office order dated 16.06.2005, was issued regarding the appointment of the respondent as Substitute Bangalow Lascar, in the scale of pay of Rs.2550-3200 to Dy.CE/GC/I/TPJ. The terms of appointment reads as under:-
"1. The above appointment has the sanction of G.M vide CPO/MAS Lr.No.P(S)269/T/l/CN/Vol.II dt. 25.05.2005.
The appointment is only as a substitute and you will have no claim of a Railway Servant.
2. You will be eligible for assigning temporary status on successful completion of 120 days continuous service, and will henceforth be eligible for the privileges applicable to such temporary Railway Servants.
3. The Service rendered prior to completion of 4 months service will not count for any purpose, like reckoning for retrenchment benefits, leave, increments etc.
4. You are liable to be terminated at any time if found unsatisfactory by the Officer to whom you have been appointed duly observing the conditions applicable to substitute/temporary servants.
5. Your services are liable to be terminated in the event of transfer long leave of the Officer before your completing one year of continuous service.
6. On completion of three years of continuous service, you will become eligible for regularization against vacancies in the open line, Field units only taking into account your fitness in medical classification, particularly in the department of the Officer concerned.
7. Your appointment being in the construction organization you will be regularised in the open line of the neighbouring in other than Peon or office category. On regularization the lien will be maintained in that cadre/category and seniority maintained for further promotion in the respective cadre in which you are regularized.
8. In the event of transfer of the officer within this Railway you will be transferred along with the Officer subject to other service conditions. Such transfer will however be considered as transfer on administrative interest and you will be provided with the benefit of transfer in administrative interest. If the transfer is ordered after you have been provided seniority in a particular unit on completion of three years, your lien will be maintained in that unit only.
9. In the event of your being rendered surplus after completion of one year service consequent on
a. The Superannuation/Voluntary retirement of the Officer.
b. The transfer of the officer outside the railway and
c. The Officer proceeding on long leave for studies, prolonged illness, Deputation for Foreign training for long periods etc.(long periods Generally mean a period not less than a year)
You will be considered for posting as substitute Group ‘D’ service in any field unit (Open line) and subsequently absorbed on completion of three years service.
10. You will be governed by the New Pension Scheme introduced vice Railway Board’s Lr.No.F(E)HI/2003/PN. 1/24 dt.31.12.04 (RBE-225A3 circulated as PBC 22/2004 dt. 13.02.04; and Railway Board 's Lr.No.2004/AC-U/21/l dt. 19.2.04 circulated as PBC 36/2004 dt. 11.3.2004 under File No.P(R) 500/P/Vol.II dt.11 3.2004.
11. You will be governed by any other rule as specified from time applicable to substitute/temporary Railway Servants.
