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N. SENTHILKUMAR
Management Coimbatore District Consumer Co-operative Wholesale Stores Limited Coimbatore – Appellant
Versus
Deputy Commissioner of Labour/Appellate Authority – Respondent
JUDGMENT :
(Prayer: Writ Petition is filed under Article 226 of the Constitution of India, prays for issuance of Writ of Certiorari, calling for the records of the first respondent relating to his order No. TNSE2/2009, dated 21.05.2010 and quash the same.)
1. This Writ Petition is filed by the petitioner for issuance of Writ of Certiorari to quash the order No. TNSE-2/2009, dated 21.05.2010 passed by the first respondent.
2. Brief facts of the case are as follows:-
According to the petitioner, the 2nd respondent was working as Salesman for the period from April 2006 to July 2006 in Solaiyar Dam, Power House, and Manapalli Ration Shops under the Establishment of Coimbatore District Consumers Cooperative Wholesale Stores Limited, Coimbatore. While he was working, the 2nd respondent had siphoned off the essential commodities meant for public distribution to the tune of Rs.1,37,090.30. Pursuant to the same, charges were framed against him on 09.02.2006, domestic enquiry was conducted by the Enquiry Officer. During the enquiry, the deficit stock was reported by way of Ex.M5. The Head of the Society had arrived at the amount and reported it for recovery. Based on the above charges, the secon
The central legal point established in the judgment is the disciplinary authority's discretion to disagree with the inquiry officer's findings and the requirement to record reasons for such disagreem....
The Disciplinary Authority can order further enquiry only if serious defects exist in the initial enquiry; it cannot do so after a finding of exoneration.
Termination without adequate evidence and disregard for fair procedures violates principles of natural justice.
Limited scope of interference under Article 226 of the Constitution of India in labor disputes.
The main legal point established in the judgment is the limited scope of judicial review in employment disputes and the need for evidence supporting findings in disciplinary proceedings.
The dismissal of the petitioner was set aside due to procedural irregularities and violation of natural justice, entitling him to retiral benefits.
A delinquent employee is entitled to be represented by a legal practitioner in a domestic enquiry, especially when the employer is represented by legally trained persons.
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