Termination deemed unjustified due to lack of procedural fairness; compensation awarded in lieu of reinstatement.

ORDER :

D.Bharatha Chakravarthy, J.

A. The Petitons:

These two Writ Petitions challenge the award dated 15.02.2019 made in I.D.No.238 of 2014, and as such, they are taken up and disposed of by this common order.

B. Factual Background:

2. The factual background in which these Writ Petitions arise is that the Workman joined the services of the Management as a Graphic Designer (L1) on 29.10.2005. In 2010, he worked as a senior graphic designer (L2) on Allen & Overy Teams. While so, on 25.08.2011, the Workman met with an accident in the cab provided by the Management while returning to home and sustained injuries in his head. It is stated that the Management bore the entire hospitalisation expenses. After recovery, the Workman reported for work on 13.12.2011 and his full salary during the interregnum period was also paid.

2.1. Thereafter, he was shifted to type-setting service instead of designing-job, as it was less complex. He continued to work in the said line for 1 ½ years. In the meanwhile, the 3^rd party which awarded the project, in which the Workman was performing the type-setting work, withdrew the project with effect from 13.07.2013. As such, the said work became unavailable. Therefore, the Workman was directed to undergo a test for assessment to be inducted into the creative service team and Fedex office team. However, despite repeated opportunities, the Workman was unable to meet the expected level and was underrated.

2.2. At this stage the Workman expressed his willingness to attend the test for the general pool team. That opportunity was also granted to him, but again he was unable to meet the expected level. It is stated on behalf of the Management that to ensure that the Workman gets accommodated in the work, he was even granted 15 days leave to prepare himself for taking up the assessment test for the Fedex office team and creative service team. He was further given training to qualify for his assignment in December 2013 and January 2014 and despite the same, the Workman did not show any positive result.

2.3. Under the said circumstances, a letter dated 13.02.2014 was issued, in which the reasons that influenced the Management's decision were detailed, leading to the termination of the Workman's services. Aggrieved by the same, the Workman raised a dispute and the conciliation failing, the claim petition was taken on file as I.D.No.238 of 2014.

C.Case of the Management:

3. It is the case of Workman that when the Allen & Overy type-setting teams were closed in July 2013, the Management deliberately gave a tough assessment project to him and they declared the result that he scored 50 %. One Narren, HR AVP asked him to quit the job, promising him to pay a sum of Rs.1,15,000/- as compensation for the accident package. However, the Workman declined to accept the same and brought the issue to the knowledge of his higher officials.

3.1 On 12.02.2014, the Workman had a meeting with one S.Porchelvan , Company Legal Counsel and Narren , HR AVP. As instructed by the Management, both of them forced the Workman to give a resignation letter. They even behaved rudely; the Workman was not allowed to have water, and the conference room was closed by deploying security personnel in front of it. Filthy language was also used against him. When he sent a mail to the Head of HR, that he wanted to avail leave for a few days since he became depressed, on 13.02.2014, he was issued with a termination order. The Workman has also made several allegations against S.Porchelvan and other named officials in the claim petition. Further, the Workman claimed for reinstatement with back wages and continuity of service.

D.Case of the Management:

4. The claim petition was resisted by a detailed counter statement, where again, the Management had given the service particulars and what are all the tests which were directed to be undertaken by the Workman, to continue his employment and the fact that despite the repeated opportunities, the Workman could not clear the t