Tamil Nadu - Madurai   

High Court Bench raps college

Staff Reporter

Tells labour court to expedite trial in the case of dismissal of head clerk 24 years ago

MADURAI: "It is painful to note that in this case, in which a person was dismissed from service on June 25, 1982, even the labour court proceedings are not yet complete despite the passage of nearly 24 years.

This is not only an agonising situation but also an attempt to shake the very root of the system and procedure in the eye of the public," Justice P. Jyothimani said, dismissing a writ petition.

The judge was upset with the attitude of an aided arts and science college here, which adopted "dilatory tactics" by filing petitions after petitions, before the High Court for the past two decades, challenging the proceedings of the labour court.

"Mockery of situation"

"In fact, the petitioner has taken all steps in the guise of seeking legal defence only to make a mockery of the entire situation."

He imposed a cost of Rs.5,000 on the college to be paid to the dismissed employee and directed the labour court to expedite the trial to conclude the proceedings within 12 weeks.

He said M. Rajendran, a head clerk attached to the college, was dismissed from service after an internal inquiry into the charges against him.

A dispute was raised before the labour officer, but the Government declined to refer it to the labour court. Hence, the employee filed a writ petition to refer the matter to the labour court. But, the college management appealed against the order.

A Division Bench ruled that a remedy under the Industrial Disputes Act was open to the dismissed employee.

On October 4, 1989, the matter was referred to the labour court. The management again moved an application in September 1990, claiming that the case of the employee was not maintainable under law, which was rejected by the trial court on September 9, 1991. A single judge (on January 14, 1992) and a Division Bench (February 17, 1992) also confirmed the lower court order. Alternatively, the employer filed another petition that the dismissed employee was not a workman under the Industrial Disputes Act. It was dismissed by the lower court on July 31, 1992.

Records "missing"

In another twist, the management claimed that the records of the internal inquiry were missing and sought permission to open a fresh inquiry. The labour court gave consent.

But, shortly the college moved another application saying that the records were located and there need not be any fresh inquiry.

The labour court dismissed the application on March 3, 1993.

A writ petition, challenging the lower court order, was also dismissed on July 31, 2000. Dismissing a writ appeal in 2004, a Division Bench condemned the attitude of the college and directed it to pay Rs.2,000 towards costs. When the labour court conducted a fresh enquiry, the employer sought to rely on the documents attached to the internal inquiry. But, the lower court on November 23, 2005 declined to accede to such request since it was not permissible under the law.

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