Madras High Court
K.Thavamani vs The President on 30 July, 2021
W.P.Nos.25169 & 29020 of 2014
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 30.07.2021
CORAM :
THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN
W.P.Nos.25169 and 29020 of 2014
W.P.No.25169 of 2014:
K.Thavamani ... Petitioner
vs.
1. The President,
Walajabad Co-operative Agriculture Bank Ltd.,
Walajabad, Kancheepuram District.
2. The Presiding Officer,
II Additional Labour Court,
Chennai. ... Respondents
Writ Petition filed under Article 226 of the Constitution of India,
praying to issue a writ of Certiorarified Mandamus, calling for the records of
the 2nd Respondent relating to the Award dated 27.03.2014 passed in
I.D.No.271 of 2008, insofar as it relates to award of Rs.1,00,000/- as
compensation in lieu of reinstatement of the Petitioner in the 1st Respondent
and quash the same, and consequently direct the 1st Respondent to reinstate
and regularize the Petitioner in service and pay the backwages and other
consequential benefits from 25.03.1979 till 30.11.2007 after fixing the scale
of pay and all the terminal benefits to the Petitioner as a regular employee.
For Petitioner : Mr.R.Anbalagan
For 1st Respondent : Mr.M.Devaraj
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W.P.Nos.25169 & 29020 of 2014
W.P.No.29020 of 2014:
The Walajabad Co-operative
Agricultural Bank Ltd.,
represented by its President,
(Formerly by the Special Officer),
Walajabad,
Kanchipuram District – 631 605. ... Petitioner
vs.
1. The Presiding Officer,
II Additional Labour Court,
Chennai.
2. K.Thavamani ... Respondents
Writ Petition filed under Article 226 of the Constitution of India,
praying to issue a writ of Certiorari calling for the records relating to the
proceedings of the 1st Respondent in I.D.No.271 of 2008 dated 27.03.2014
and quash the same.
For Petitioner : Mr.M.Devaraj
For 2nd Respondent : Mr.R.Anbalagan
COMMON ORDER
W.P.No.25169 of 2014 has been filed challenging the Award dated
27.03.2014 passed by the 2nd Respondent in I.D.No.271 of 2008, insofar as it
relates to award of Rs.1,00,000/- as compensation in lieu of her reinstatement
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W.P.Nos.25169 & 29020 of 2014
in the 1st Respondent/Bank and for a consequential direction to the 1 st
Respondent to reinstate and regularize her in service and pay the backwages
and other consequential benefits from 25.03.1979 till 30.11.2007 after fixing
the scale of pay and all the terminal benefits to her as a regular employee.
2. W.P.No.29020 of 2014 has been filed by the Management
challenging the Award dated 27.03.2014 passed by the II Additional Labour
Court, Chennai in I.D.No.271 of 2008.
3. As the issue involved in both cases is one and the same, Writ
Petitions are taken up for disposal by a common order.
4. For the sake of convenience, the Petitioner in W.P.No.25169 of
2014 is hereinafter referred to as the 'employee' and the Petitioner in
W.P.No.29020 of 2014 is hereinafter referred to as 'Management'.
5. The employee joined the services of the Management as a
Saleswoman in the year 1979 and has rendered 14 years of service. She has
sought for regularization and thereafter approached the Authority seeking
permanent status. The Management gave a reply that, a Scheme has been
formulated with regard to regularization of persons, like that of the employee
herein. For the charge that, there was shortage of stocks and funds, the
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W.P.Nos.25169 & 29020 of 2014
employee was placed under suspension and enquiry was conducted under
Section 81 of the Tamil Nadu Co-operative Societies Act, 1983. Based on the
Enquiry Report, the employee was dismissed from service by an order dated
31.08.1995. The employee had already filed a Writ Petition in W.P.No.7052
of 1994 seeking regularization of her services, which was withdrawn
subsequent to her dismissal from service.
6. As the employee was not a permanent employee, she moved the
District Munsif Court, Kancheepuram, for a declaration that, the order dated
31.08.1995 passed by the Management, removing her from service, is null
and void. As the said Suit was dismissed on 27.07.2001, challenging the
same, she filed A.S.No.56 of 2001 before the Additional District Judge, Fast
Track Court No.II, Kancheepuram. By judgment and decree dated
21.01.2004, the Appellate Court allowed the Appeal and decreed the Suit
holding that, the order passed by the Management in removing the employee
from service, is null and void and the said judgment and decree became final.
7. Thereafter, the employee filed W.P.No.13535 of 2005 seeking a
mandamus to reinstate her in service with backwages in terms of the said
judgment in A.S.No.56 of 2001. But, the said Writ Petition stood dismissed
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W.P.Nos.25169 & 29020 of 2014
in view of the ratio laid down by the Larger Bench of this Court in the case of
Marappan vs. Deputy Registrar of Co-operative Societies, Namakkal
reported in 2006 (4) CTC 689.
8. Pursuant thereto, the employee raised an Industrial Dispute in
I.D.No.271 of 2008. Before the Labour Court, except, Section 81
proceedings, no documentary evidence was produced with regard to the
conduct of the departmental enquiry to believe the contention of the
Management that, the past records of the employee were bad. Also, the
Management did not seek any explanation from the employee before the
issuance of second Show Cause Notice about her past conduct. Hence, the
Labour Court, instead of ordering reinstatement of the employee into service,
ordered a sum of Rs.1,00,000/- as compensation.
9. It is seen that, the employee has raised the Industrial Dispute in
the year 2008, only after her retirement on 31.01.2008. As charges against
the employee were not established in the enquiry, she would be entitled to
reinstatement and all other benefits. However, as the employee was
dismissed from service on 31.08.1995, she would not be entitled to any
benefits till her superannuation on 31.01.2008.
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W.P.Nos.25169 & 29020 of 2014
10. Today, when the matter is taken up for hearing, the employee
has filed a Memo dated 26.07.2021 stating that, she is willing to accept a sum
of Rs.1,00,000/- as compensation. Though the Award of the Labour Court is
perverse insofar as not granting the relief of reinstatement and backwages to
the employee upto the age of superannuation, as the employee has confined
the relief to only Rs.1,00,000/- (Rupees One Lakh only), the Management is
expected to pay the said sum to the employee apart from other terminal
benefits, like Gratuity etc. within a period of two months from the date of
receipt of a copy of the order.
Both Writ Petitions are dismissed with the above direction. No
costs. Consequently, connected M.P.Nos.1 and 1 of 2014 in the respective
Writ Petitions, are closed.
30.07.2021
Index : Yes/No
Speaking Order : Yes/No
(aeb)
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W.P.Nos.25169 & 29020 of 2014
To:
1. The President,
Walajabad Co-operative Agriculture Bank Ltd.,
Walajabad, Kancheepuram District.
2. The Presiding Officer,
II Additional Labour Court,
Chennai.
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W.P.Nos.25169 & 29020 of 2014
S.VAIDYANATHAN,J.
(aeb)
Common Order in
W.P.Nos.25169 & 29020 of 2014
30.07.2021
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