Madras High Court
The Management vs The Presiding Officer on 15 April, 2025
Author: R.Subramanian
Bench: R.Subramanian
W.A.No.1153 of 2025
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 15.04.2025
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
AND
THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN
W.A.No.1153 of 2025
and
C.M.P.No.8935 of 2025
The Management,
The Dharmapuri District Printers
Service Industrial Co-op Society Ltd.,
38, P.R.Srinivasa Rao Street,
Dharmapuri - 636 701. ... Appellant
Vs.
1.The Presiding Officer,
Labour Court, Salem.
2.A.Rajaram ... Respondents
PRAYER: Writ Appeal filed under Clause 15 of the Letters Patent, praying to
set aside the order dated 23.01.2024 made in W.P.No.20184 of 2010.
For Appellants : Mr.K.Ashok Kumar
For Respondents : Mr.K.V.Shanmuganathan for R2
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W.A.No.1153 of 2025
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JUDGMENT
(Judgment of the Court was delivered by R.SUBRAMANIAN, J.)
Challenge is to the order of the writ Court made in W.P.No.20184 of
2010 dismissing the writ petition, challenge in which was to the award of the
labour Court, Salem made in I.D.No.521 of 2004 directing reinstatement of the
employee with full backwages and continuity of service and all attendant
benefits.
2. The employee, who was working as a Cashier in the appellant Society
was charge sheeted for certain alleged delinquencies viz., passing of payments
which was not duly authorized to the tune of Rs.1,19,000/-. A domestic
enquiry was conducted and the employee was found guilty, resulting in
punishment of dismissal from service being imposed on him.
3. The employee raised an Industrial Dispute. The labour Court found
that the dismissal from service was improper. The labour Court found that the
employee who was a Cashier has acted as per the instructions of the higher
officials viz., President, Secretary, and Accountant of the Society. It was also
found that once the payments were authorized by the higher officials of the
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employee, as a Cashier he had no other option than to pass the payments.
Therefore, he alone cannot be held accountable. On the said finding the labour
Court directed reinstatement.
4. This order was impugned in the writ petition in W.P.No.20184 of
2010. The writ Court agreed with the findings of the labour Court and the writ
Court also recorded the fact that no disciplinary proceedings were launched
against the higher officials on the basis of the statement made by the learned
counsel for the appellant Society. On the above conclusion, the writ Court
dismissed the writ petition upholding the award of the labour Court. Aggrieved
the Society has come up with this appeal.
5. We have heard Mr.K.Ashok Kumar, learned counsel appearing for the
appellant Society.
6. Mr.K.Ashok Kumar, learned counsel would vehemently contend that
the fact that the sum of Rs.1,19,000/- was misappropriated stood proved by the
conduct of the employee in paying the said sum to the Society. Therefore, the
punishment imposed has to be sustained. The learned counsel would also
submit that the statement made by him to the effect that no action has been
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taken against the President, Secretary and Accountant is incorrect. He would
draw our attention to the effect that money was paid by all the employees
together. Therefore, the delinquency stood proved.
7. We are unable to accept the submission of the learned counsel for the
appellant. The labour Court has specifically found that all the payments made
by the delinquent employee / 2nd respondent herein were admittedly authorized
by the President, Secretary and Accountant, who are admittedly superiors to the
delinquent employee. Once the superiors have authorized the payments, the
delinquent employee as a Cashier had no other option but to comply with the
claim. He as a Cashier did not have any discretion to refuse payment. It is not
shown even before us as to whether any disciplinary action taken against the
President, Secretary and Accountant, who had authorized the payments.
8. May be the amount has been repaid to the Society, but that by itself
cannot be a ground to conclude that the respondent is guilty of the delinquency
and his dismissal from service is justified. This Court as well as the Hon'ble
Supreme Court have repeatedly held that the jurisdiction to interfere with the
awards of the labour Court while exercising jurisdiction under Article 226 of
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the Constitution of India is very limited. Unless it is shown that the award is
per se illegal or it is perverse, the award passed based on the evidence cannot
be disturbed by the writ Court, merely because the writ Court reaches a
different conclusion on the evidence.
9. In the case on hand, the labour Court has appreciated the evidence and
came to a conclusion that the delinquency was not established since all the
payments were authorized by the higher officials. The writ Court has also
confirmed the said finding. Hence, we see no necessity to interfere with the
order of the writ Court. Therefore, the writ appeal fails and it is accordingly
dismissed. No costs. Consequently, the connected miscellaneous petition is
closed.
(R.S.M.,J.) (G.A.M.,J.)
15.04.2025
dsa
Index : No
Neutral Citation : No
Speaking order
To
1.The Presiding Officer,
Labour Court, Salem.
2.The Management,
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The Dharmapuri District Printers
Service Industrial Co-op Society Ltd.,
38, P.R.Srinivasa Rao Street, Dharmapuri - 636 701.
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R.SUBRAMANIAN, J.
and
G.ARUL MURUGAN, J.
dsa
15.04.2025
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