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S. VAIDYANATHAN, R. KALAIMATHI
R. S. Jesudoss – Appellant
Versus
Presiding Officer, Salem – Respondent
JUDGMENT
(Prayer: Writ Appeal filed under Clause 15 of the Letters Patent against the order dated 18.11.2019 passed by the learned Single Judge, in W.P.No.8275 of 2017 on the file of this Court.)
S. Vaidyanathan, J.
1. The present appeal has been preferred against the order passed by the learned Single Judge in W.P.No.8275 of 2017, dated 18.11.2019, in interfering with the impugned Award passed by the Labour Court in I.D.No.30 of 2013, dated 16.02.2016.
2. The appellant/employee joined service of the second respondent-Management (Transport Corporation) as Conductor in the year 1989. For his unauthorised absence from duty from 25.05.2011 without prior intimation/permission, a charge memo dated 14.06.2011 was issued, treating it as misconduct falling under the Certified Standing Orders of the second respondent-Corporation. Not satisfied with the explanation, domestic enquiry was conducted, wherein the charges have been held to be proved.
3. After issuance of the second show cause notice, the order of dismissal from service was passed on 23.04.2012, along with one month''s salary. Questioning the order of dismissal from service, the appellant/employee raised an industrial dispute in I.D.No
The judgment emphasized the discretionary jurisdiction of the Labour Court under Section 11-A of the Industrial Disputes Act and the limited scope of interference by the High Court under Article 226 ....
Unauthorized absence must be proven as wilful misconduct by the Management; failure to do so invalidates termination.
The High Court cannot interfere in disciplinary proceedings under Article 226 when an alternate remedy exists under the Industrial Disputes Act, and it must not reappraise evidence or act as an appel....
The court has the power to modify the punishment imposed by the disciplinary authority when it is not justified, and the punishment should be proportionate to the charges against the petitioner.
The court emphasized the principles of natural justice in employment disputes, necessitating disciplinary procedures for termination or absence claims.
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