Madras High Court
Management vs K.Kuttiappan on 31 July, 2021
W.P.No.7296 of 2015
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 31.07.2021
CORAM :
THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN
W.P.No.7296 of 2015
Management,
rep. by President,
Selavadi Primary Agricultural
Co-operative Credit Society Ltd.,
Selavadi (PO), Omalur (TK),
Salem District. ... Petitioner
Vs.
1. K.Kuttiappan
2. The Presiding Officer,
Labour Court,
Salem (PO) & District. ... Respondents
Writ Petition filed under Article 226 of the Constitution of India,
praying to issue a writ of Certiorari, calling for the records of the Labour
Court, Salem, the 2nd Respondent herein in C.P.No.52 of 2011, dated
22.04.2014 and quash the same.
For Petitioner : Mr.P.Anbarasan
For 1st Respondent : Mr.K.V.Shanmuganathan
Page No.1 of 6
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W.P.No.7296 of 2015
ORDER
Petitioner/Management has come up with this Writ Petition
challenging the order dated 22.04.2014 passed by the Labour Court in
C.P.No.52 of 2011.
2. It is seen that, the 1st Respondent herein, an employee of the
Petitioner/Management was placed under suspension on 28.07.1992 and after
detailed enquiry, he was dismissed from service on 15.09.1993. He raised an
Industrial Dispute in I.D.No.168 of 1995 and during the pendency of the
same, he was convicted by Judicial Magistrate-II, Mettur Dam in C.C.No.68
of 1994, on 03.09.1996. Subsequently, by a judgment dated 27.04.1998, in
Criminal Appeal No.136 of 1996, the 1st Respondent/employee was ordered
to be released under the provisions of the Probation of Offenders Act,
keeping him in probation for six months.
3. In the meantime, the Labour Court passed an Award on
24.01.1997 in I.D.No.168 of 1995, granting the relief of reinstatement and
other benefits and the 1st Respondent/employee was reinstated into service on
20.10.1998, even before completion of his probation and he attained
superannuation on 31.01.2010.
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W.P.No.7296 of 2015
4. Thereafter, the 1st Respondent/employee filed C.P.No.52 of
2011, claiming wages from the date of his dismissal till the date of
reinstatement and the Labour Court computed the amount payable to him as
Rs.2,00,216/- within sixty days, and also held that, if the said amount is not
paid within the time stipulated, he will be entitled to interest at 9% per
annum.
5. Before the Labour Court, the Petitioner/Management took a plea
that, the 1st Respondent/employee was convicted by the Criminal Court with
one year Rigorous Imprisonment, however, the same has been suspended, on
account of his good conduct. Though, it has been contended by the
Petitioner/Management that, there was misappropriation of funds by the 1st
Respondent/employee, the Labour Court in the Computation Petition has held
that, it cannot be gone into, as there is an Award in the Industrial Dispute.
6. The criminal case against the employee ought to have been
brought to the notice of the Labour Court by the employee. To that extent,
the employee has not come with clean hands. The employee was also not in
employment from 28.07.1992, i.e. from the date of suspension till he was
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W.P.No.7296 of 2015
actually reinstated on 20.10.1998. As the Award was passed on 24.01.1997
in the Industrial Dispute, the 1st Respondent/employee is entitled to all the
consequential benefits.
7. Admittedly, the 1st Respondent/employee was not in judicial
custody even for a single day. Though, this Court would have completely
deprived all the benefits to the 1st Respondent/employee on the ground of
suppression of facts, since he has the benefit of the Award in the Industrial
Dispute and the benefit of the order in the Computation Petition, in order to
give a quietus to the litigation and to bring down the life of litigation, this
Court, interferes with the interest awarded by the Labour Court by an
order 22.04.2014 in Computation Petition No.52 of 2011 and accordingly,
the same is set aside and reduces the computed value of money to a sum
of Rs.1,00,000/- (Rupees One Lakh only), which will be the full and final
settlement of the Computation Petition. The said amount shall be paid to
the 1st Respondent/employee within a period of three months from the date
of receipt of a copy of this order.
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W.P.No.7296 of 2015
This Writ Petition is ordered accordingly. No costs. Consequently,
connected M.P.No.1 of 2015 is closed.
31.07.2021
Index : Yes/No
Speaking Order : Yes/No
(aeb)
To:
The Presiding Officer,
Labour Court,
Salem (PO) & District.
https://www.mhc.tn.gov.in/judis/
W.P.No.7296 of 2015
S.VAIDYANATHAN,J.
(aeb)
W.P.No.7296 of 2015
31.07.2021
https://www.mhc.tn.gov.in/judis/
