Madras High Court
Management Of Manjanvadi Primary vs N. Pachainayaki on 14 June, 2023
W.A. No. 427 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 14.06.2023
CORAM
THE HON'BLE MR. JUSTICE S. VAIDYANATHAN
AND
THE HON'BLE MR. JUSTICE K. RAJASEKAR
W.A. No. 427 of 2023
&
C.M.P. No. 3970 of 2023
Management of Manjanvadi Primary
Agricultural Co-operative Bank
Rep. by its Secretary,
G. Chinnadurai
Lakshmapuram, Pappireddipatty,
Dharmapuri 636 905. ..Appellant
Vs.
1. N. Pachainayaki
2. The Presiding Officer,
Labour Court,
Salem. ..Respondents
Prayer: Writ Appeal as against the order dated 16.02.2022 passed in
W.P. No. 3114 of 2021.
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For Appellant :: Mr. T. Balaji
For Respondents :: Mr.V. Shanmuganathan for R1
JUDGMENT
(Delivered by S. Vaidyanathan,J.)
The present appeal has been preferred by the Management
challenging the order dated 16.02.2022 passed by the learned Single Judge
in W.P. No. 3114 of 2011 directing the Management to reinstate the
workman back into service together with full backwages, continuity of
service and other service and monetary benefits within a period of four
weeks by interfering with the award of the Labour Court dated 27.10.2009
in I.D. No. 261 of 2002.
2. The employee was issued with a charge memo dated
06.11.2000 alleging that she was responsible for stock deficit and for
falsification of records. Pursuant to the domestic enquiry conducted,
punishment of dismissal from service was imposed on the employee by order
dated 31.01.2001. The industrial dispute raised by the employee before the
Labour Court came to be dismissed by award dated 27.01.2009 as the
Labour Court found that the order of dismissal was justified based on
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W.A. No. 427 of 2023
the evidence let in. Challenging the said award, the writ petition came to be
filed by the employee.
3. The learned Single Judge, after considering the rival
submissions, set aside the award and granted reinstatement with full
backwages, continuity of service and other service and monetary benefits, as
stated supra. Questioning the said order, the present intra court appeal has
been preferred by the Management.
4. Though it was contended by the employee before the Labour
Court, after facing the dismissal order by the Management, that there was no
evidence and that the charge was only pertaining to stock deficit and not
with regard to misappropriation, we do not want to go into the various
aspects in the present case as the employee has admitted her guilt and the
explanation given by the employee to the charges levelled against her by
letter dated 17.11.2000/17.10.2000 is extracted below:
@//////
Fw;wr;rhl;L 1 tpsf;fk;
vd; kPJ Rkj;jg;gl;Ls;s Fw;wkhf cU
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W.A. No. 427 of 2023
,Ug;gf
[ ; Fiwt[ bra;J t';fpf;F epjp
,Hg;gpida[k; tl;o ,Hg;gpida[k; Vow;gLj;jpaJ
cz;ik vd;W xg;g[ bfhs;fpnwd;/
Fw;wr;rhl;L 2 tpsf;fk;
ehd; nghypdhYk; fw;gidahdJkhd
gjpt[fis ,Ug;g[g;gjpntl;oYk; bghWg;g[
gjpntl;oYk; nkw;bfhz;L r';fj;ij Vkhw;wpaJ
cz;ik vd;W xg;gf
[ ;bfhs;fpnwd;/
Fw;wr;rhl;L 1
rhl;Liu vz;/1 ,jw;fhd tpsf;fk;
U:/10814.84 kjpg;gpw;F cu ,Ug;gf
[ ; Fiwt[
Vw;gLj;jp ryhd; vz;/5 ehs; / 30/10/2000 njjpapy;
U:/1975- fl;o cs;nsd;/ kPjp bjhifia
13/11/2000 njjpapy; U:/8839/84 fl;oa[sn
; sd;/ vd;
kPJ Rkj;jp cs;s Fw;wr;rhl;Lfs; midj;Jk;
cz;ik vd;W xg;gf
[ ; bfhs;fpnwd;/
ehd; bra;j jtiw kd;dpf;f kpft[k;
jhH;ika[ld; nfl;fpnwd;/@
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5. Though there is discrepancy with regard to the date shown in
the first page and the second page of the explanation of the employee
extracted supra, the factum of admission of guilt has not been disputed and
this Court in the decision in The General Manager, Southern Railway HQ
Office and 3 Others V. D. Emarose (W.A.No. 2457 of 2022 judgment
dated 28.02.2023), following the judgment of the Apex Court in
Dharmaratmakara R.A. Ramaswamy Educational Institution V. The
Educational Appellate Tribunal and another reported in (1999) 7 SCC
332, has held that when there is admission of guilt, no relief could be
granted, more so, in the present case, there is falsification of records, thereby
leading to shortage of funds, amounting to misappropriation. Hence, we are
of the view that no relief could be granted to the employee and the order of
the learned Single Judge is set aside and the award of the Labour Court is
restored as the Labour Court has categorically rendered a finding that there
was misappropriation and the employee, after admission of guilt, has
remitted the money which is evidenced by Exs. R9 and R10.
6. In response to the earlier suggestion putforth by this Court as
to whether there is any possibility for settlement by extending a sum of
Rs.1 lakh to the employee to give a quietus to the matter, today, the learned
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counsel for the Management would submit that he has got instructions to
state that the employee is entitled to a sum of Rs.14,853/- towards Gratuity
and a sum of Rs.10,000/- as ex gratia for the period of service rendered by
her.
7. The Gratuity Amount will carry interest @ 10% per annum as
per Section 7(3A) of Payment of Gratuity Act, 1972 and the maximum
interest payable shall not exceed the principal amount of gratuity in terms of
the proviso to Section 8 of the said Act.
8. The Gratuity Amount along with interest @ 10% per annum
along with ex gratia payable to the employee shall be paid directly to the
employee within a period of one month from the date of receipt of a copy of
this order.
9. In view of the order passed in the writ appeal, the award passed
in I.D.No. 261 of 2002 stands restored and the claim petition, namely, C.P.
No. 79 of 2022 on the file of Labour Court seeking monetary benefits is not
maintainable. If the same is pending, Labour Court shall close the same.
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10. The writ appeal stands dismissed. No costs. Connected
C.M.P. is closed.
(S.V.N.J.) (K.R.S.J.)
nv 14.06.2023
To
The Labour Court, Salem.
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W.A. No. 427 of 2023
S. VAIDYANATHAN,J.
AND
K. RAJASEKAR,J.
nv
W.A. No. 427 of 2023
14.06.2023
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