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M/S.Nsk Bearings India Pvt Ltd vs The Special Joint Commissioner Of ...
2025 Latest Caselaw 6073 Mad

Citation : 2025 Latest Caselaw 6073 Mad
Judgement Date : 26 August, 2025

Madras High Court

M/S.Nsk Bearings India Pvt Ltd vs The Special Joint Commissioner Of ... on 26 August, 2025

Author: P.T. Asha
Bench: P.T. Asha
                                                                                            W.P.No.8861 of 2021

                             IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                        RESERVED ON                   : 23.07.2025

                                        PRONOUNCED ON :                      26.08.2025

                                                        CORAM

                                  THE HONOURABLE Ms. JUSTICE P.T. ASHA

                                            W.P.No.8861 of 2021
                                                     and
                                     W.M.P.Nos.9398, 26258 & 26260 of 2021

                   1.M/s.NSK Bearings India Pvt Ltd
                   2nd Floor, Block I, TVH Beliciaa Towers,
                   NO. 71/1, MRC Nagar Main Road,
                   MRC Nagar, Chennai- 600 028.
                   Rep by its Authorised Signatory Natarajan.L

                   Formerly Known as.
                   NSK India Sales Company Pvt Ltd,
                   6th floor, Bannari Amman Towers,
                   29, Dr.Radhakrishnan salai, Mylapore,Chennai- 600 004.

                   2.M/s. NSK Ltd,
                   1-6-3 Ohsaki,
                   Shingawa-Ku,
                   Tokyo 141- 8560
                   Japan.                                                             ... Petitioners

                                                             Vs.

                   1.The Special Joint Commissioner of Labour
                   (The Appellate Authority
                   under the Tamil Nadu Shops and Establishments Act, 1947),
                   Teynampet Chennai- 600 006.


                   1/30


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                                                                                                  W.P.No.8861 of 2021

                   2.S.Nivas                                                                 ...Respondents

                   Prayer:- Writ petition filed under Article 226 of the Constitution of
                   India praying for issuance of a writ of Certiorari, to call for the records
                   and quash the order dated 14.12.2020 passed in TNSE- I/ 4/ 2015 on
                   the file of the 1st Respondent, The Special Joint Commissioner of
                   Labour, (Appellate Authority under the Tamil Nadu Shops and
                   Establishments Act, 1947), Chennai-6.


                                  For Petitioner             :M/s.S.Ravi, Senior Counsel for
                                                              M/s. Gupta and Ravi

                                  For Respondents            :
                                  (for R1)                   : M/s.M.Murali, Govt. Advocate

                                  (for R2)                   : M/s.K.Sridhar
                                                              for M/s.K. Sridhar Associates




                                                             ORDER

Challenging the order passed by the 1st respondent in his

proceedings dated 14.12.2020 in TNSE-I/4/2015 the petitioner

company is before this Court.

Facts of the Case:-

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2. The short facts as narrated in the affidavit filed in support of

the Writ Petition are as follows:-

3. The 1st petitioner company is engaged in the manufacturing

and selling/trading in all types of bearings for automotive and

industrial applications. The 2nd petitioner company is incorporated in

Japan and is the parent company of the 1st petitioner company.

4. The petitioner would submit that the 2nd respondent was

employed as an Engineer Sales Support on probation under an offer of

employment dated 19.04.2011. After the successful completion of his

probation period his services were confirmed on 15.07.2011. He was

deputed to undergo training for a period of 2 years in the Fujisawa

Technical Centre in Japan in March 2012.

5. On 19.04.2013, an anonymous mail was received by 29

employees of the 1st petitioner company including the 2nd respondent

in its official e-mail ID. This mail was sent out from an e-mail ID

called [email protected]. The e-mail contained a single

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statement “this is the fair appraisal from the Management” and had the

1st petitioner’s confidential file named “salary revision - April 2013

xls.” as an attachment. This attachment has been taken from the NSK

file server in Japan using an NSK e-mail ID. Since there was every

likelihood of the misuse causing disharmony amongst the employees

an investigation was conducted and from out of this investigation it

came to light that the 2nd respondent had transmitted the file

containing the confidential and sensitive information from the 2nd

petitioner’s server onto another server (Gmail) from his official e-mail

account [email protected] to his personal e-mail account

[email protected]. The investigation would further reveal that the

the 2nd respondent had accessed the confidential and sensitive

information, transferred it to his personal e-mail account and

thereafter forwarded it to the employees of the 1st petitioner company

using an anonymous e-mail. The petitioner would submit that at this

relevant point in time the 2nd respondent was undergoing training at

NSK’s Fujisawa Technical Centre in Japan.

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6. By an e-mail dated 22.04.2013, addressed to his Manager

Mr.Imamura, who was stationed at Chennai, the 2nd respondent had

complained that his salary was not commensurate to his qualification

and experience whereas the employees who were joined the services

of the company much later and who are less qualified were earning a

higher salary package. He had also referred to the anonymous e-mail.

7. It is the case of the 1st petitioner that the 2nd respondent had

accessed the confidential and sensitive information, transferred it to

his personal e-mail account and thereafter forwarded it to the

employees of the 1st petitioner company using an anonymous e-mail.

In fact, the petitioners had set out in para.no.7 of the affidavit filed in

support of this Writ Petition, the manner in which their server could be

accessed. It is their case that the confidential information of NSK

Group is stored in the main server in Japan. This information can be

accessed by all the authorized constituents throughout the world which

includes the employees who are provided with individual terminals.

The heart of the information system is located in Japan where it

houses its “server based data centre” one of which is NSK e-mail

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service.

8. The petitioners would submit that all their employees used

this server enabled e-mail system to communicate and they are

supported with a centralized network access file server for storing the

information. Every employee is authorized to access this file server by

using uniquely allocated user ID’s and passwords and by using this

unique ID password the file server located in Japan can be accessed

from any part of the world.

9. It is the contention of the petitioners that the information

stored in this file server is confidential and is the exclusive property of

the petitioner company. Though the employees could use the same for

official purposes during the tenure of their employment, they are

strictly prohibited from downloading/copying/transferring the

information to any server and system which does not belong to NSK

Groups. All the files related to NSK’s intellectual properties and files

related to their official business are stored on the NSK network server.

As part of the NSK information security, details of all the transactions

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that happen within the file server and e-mail server can be archived

and retrieved at any moment of need thereby ensuring that

misuse/unauthorized downloading or transferring NSK confidential

information can be traced back with details of exact time of

transmission along with e-mail ID to which the data has been

transmitted.

10. The petitioners would submit that when accosted the 2nd

respondent had admitted the act and he was asked to resign. However,

he refused to do so. Therefore, he was served with a show cause notice

dated 29.04.2013 and with effect from the said date he was exempted

from duty with a right to receive full wages and other benefits so as to

enable him to look out for an alternate employment and to enable him

to voluntarily leave the services of the petitioner company before

31.07.2013. The 2nd respondent, in his reply dated 02.05.2013, made

false insinuations against his superiors and also alleged that he was

being forced to resign. The reply was found to be unsatisfactory and

consequently by order dated 26.07.2013, his services were terminated

by paying him salary for the notice period i.e. up to 30.09.2013. By a

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letter dated 30.07.2018, the 2nd respondent sought time to explain

himself and after the opportunity was granted and his explanation

received, the same was found unsatisfactory. Therefore, the

termination was confirmed.

11. Challenging the order of termination dated 26.07.2013, the

2nd respondent had preferred an appeal before the 1st respondent under

Section 41(2) of the Tamil Nadu Shops and Establishment Act. In the

said appeal, the petitioner has impleaded the 2nd petitioner who is an

unnecessary party to the proceedings. In the said appeal a detailed

counter was also filed by the 1st petitioner denying the allegations

made by the 2nd respondent.

12. Thereafter, the 2nd respondent had filed I.A. No. 3 of 2016,

seeking to refer certain issues to the Forensic Sciences Department of

the Government of Tamil Nadu for their expert opinion. This IA was

allowed by order dated 19.07.2016. Pursuant to which, the Forensic

Sciences Department had submitted its report dated 30.09.2016

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expressing an opinion that the contents of the compact disc (filed by

the petitioners containing digital e-mail exchange recorded on 17 and

18 April 2013 through the official e-mail ID of the 2nd respondent)

were reported to have shown that on 17.04.2013 the 2nd respondent

had downloaded from his official e-mail to his personal e-mail and

again on 19.04.2013 the said e-mail was forwarded to 29 official e-

mails of other employees.

13. The petitioners would submit that though the Forensic

Sciences Department had not given a direct answer, however, their

reply was sufficient to establish a nexus between the 2nd respondent

and the petitioner company’s server conveying the salary particulars to

the official e-mails of the 29 employees.

14. Ultimately, by order dated 16.05.2018, the 1st respondent

without giving any opportunity to the petitioners, closed the evidence

and passed an order setting aside the order of termination and

directing reinstatement of the 2nd respondent with full back wages and

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continuity of service. Challenging the same, the petitioners had filed

WP.No.2758 of 2019 before this Court and by order dated 28.08.2019,

the Writ Petition was allowed and the order passed by the 1st

respondent dated 16.05.2018 was set aside and the matter was

remanded back to the 1st respondent for fresh consideration after

providing an opportunity to both parties.

15. After the remand, since the incumbent authority is the

husband of the previous authority who had passed the order dated

16.05.2018, which was set aside by this Hon'ble Court, the petitioners

had filed a memo dated 12.09.2020 before the Commissioner of

Labour for transferring the appeal to the file of any other Joint

Commissioner of Labour which was objected to by the 2nd

respondent. The 1st respondent by order dated 29.09.2020 conveyed

the decision of the Commissioner of Labour that the proceedings

could be continued before the incumbent the 1st respondent himself.

16. On 14.12.2020, after examining the witnesses and

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considering the evidence available on record, the 1st respondent had

ultimately, passed an order directing reinstatement with backwages

and continuity of service. Challenging the same, the petitioners are

before this Court.

17. The 2nd respondent had filed a detailed counter denying the

allegation that he had clandestinely disclosed confidential information

relating to the salaries of 29 employees of the 1st petitioner company.

He would also submit that on 20.10.2013 he has been summarily

thrown out of employment without affording an opportunity. The 2nd

respondent would further submit that by letter dated 28.10.2013 he

had informed the petitioner company that he was seeking legal

redressal through Court. In response, by letter dated 31.10.2013, the

petitioner company stated that, irrespective of the outcome, they

would not permit the 2nd respondent to continue in service. The 2nd

respondent would also contend that the body of the e-mail which is

alleged to be the offending one has not been displayed and therefore

there is nothing to show the source.

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18. The 2nd respondent would further submit that even the

expert witness has not given any material finding. That apart, the

compact disc which is an electronic record is not admissible in

evidence unless it fully complies with the conditions prescribed under

Section 65 B of the India Evidence Act and should be accompanied

with the mandatory Certificate prescribed for that purpose. The expert

witness has deposed that he cannot comment as to whether the e-mail

has been forwarded to the 29 e-mail addresses. He would contend that

in the absence of the IP address the person who has sent the e-mail

cannot be identified and remains anonymous. Therefore, he would

seek the dismissal of the above Writ Petition.

Submissions:-

19. The main argument that has been advanced on the side of the

petitioners by the learned Senior Counsel, Mr.S.Ravi is that the 2 nd

respondent had signed a confidentiality agreement on 19.04.2011

when he had been appointed to the petitioner’s company. Clause 11 of

the said agreement clearly defines what constitutes confidential

information and outlines the nature of confidentiality expected from

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an employee. The learned counsel for the petitioners would submit

that it is this clause that has been breached by the 2 nd respondent as a

result of which the petitioner company had lost confidence in the 2nd

respondent. He further submitted that the salaries paid to the

employees were not uniform, and by disclosing these details among

the employees, the 2nd respondent had caused discontent within the

workforce. The forensic report obtained clearly implicates the 2nd

respondent and therefore the order dismissing him from service is well

founded. He would further submit that once the company had lost

confidence in the 2nd respondent the petitioner cannot be compelled

to reinstate him into service.

20. The learned counsel for the petitioners would rely upon the

following judgements in this regard:-

i. Ruby General Insurance Co. Ltd. Vs. P.P.Chopra – (1969) 3

SCC 653

ii. Francis Klein & Co. (P) Ltd. Vs. Workmen – (1972) 4 SCC

iii. Air India Corporation Vs. V.A.Rebellow – (1972) 1 SCC

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iv. Hindustan Steels Ltd. Vs. A.K.Roy – (1969) 3 SCC 513

v. Anil Kumar Chakraborty Vs. Saraswatipur Tea Co. Ltd. –

(1982) 2 SCC 328

vi. Air Lanka Ltd. Vs. John William Nanthan – 1990 SCC

Online Mad 864.

vii. Karnataka SRTC Vs. M.G.Vittal Rao – (2012) 1 SCC 442

viii. Mangatu J.Vergese Vs. Daulatram Dyeing and Bleaching

Mills. – 2000 SCC Online Bom 257.

ix. Management of Best and Crompton Engineering Ltd. Vs.

Presiding Officer, II Additional Labour Court - 2004 SCC Online

Mad 538.

21. Per contra, Mr.K.Sridhar, learned counsel appearing on

behalf of the 2nd respondent would submit that the petitioner has not

made out any case whatsoever to show that the 2nd respondent has

been responsible for the transmission of the confidential information

and therefore the 1st respondent has rightly allowed the appeal.

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Discussion:-

22. The main argument that has been canvassed by the petitioner

management is that the 2nd respondent had indulged in transferring

confidential information and therefore the petitioner management lost

confidence in the 2nd respondent and in these circumstances, the order

directing reinstatement is erroneous and has to be set aside. The

defence is that the 2nd respondent has not shared any confidential

information and that he has been summarily dismissed without any

enquiry. That apart, the petitioner has not been able to prove that the

e-mail which is the genesis for the proceeding has been transferred by

the 2nd respondent.

23. In order to appreciate the rival arguments, it would be

necessary to sequence the grievance starting from the transfer of the

mail and the e-mail address from which the same has been done.

(i) On 17.04.2013, at around 03.39 PM an e-mail had been

forwarded from [email protected] to Nivas s. The said mail only

contains the reference to the attachment, which is shown as

“SALARY REVISION APRIL 2013.xls; BOOK 1.xls; Organisation

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Chart 20130201.ppt. However, the attachment is not displayed in the

email.

(ii) On 19.04.2013, at around 10:47 AM, an e-mail had been

sent from [email protected] to nivas s. The contents of the mail are 29

e-mail addresses.

(iii) The next mail is also dated 19.04.2013 at 01:24 PM and the

mail is sent from [email protected] to the 29 e-mail addresses.

This e-mail contains an attachment titled "SALARY REVISION

APRIL 2013.xls". The body of the mail contains just one sentence

which is as follows " This is the fair appraisal from the management".

(iv) Thereafter the next mail is dated 22.04.2013 which is a mail

sent by [email protected] to Imamura with the copy mark to

[email protected]. The following is the subject of the mail, "JUST

sharing my grievance" and the body of the mail contains a letter in an

by which the 2nd respondent has informed the management that by an

anonymous e-mail source all concerned have come to know what he is

being paid.

24. On 25.04.2013, it is seen that the Manager HR has

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addressed a letter to the 2nd respondent stating that on the basis of the

investigation carried out by their Global IT, they have come to learn

that the confidential information has been accessed by the 2nd

respondent and transferred to his personal e-mail. Since the allegation

was serious, it required further investigation and therefore, his training

in Japan was terminated and he was asked to return to Chennai. This is

followed by a “Confidential Information Leakage Report” dated

27.04.2013 prepared by one Saravanan, IT Manager of the petitioner

company and addressed to the President and the IT Head of the

petitioner company.

25. Thereafter, on 29.04.2013, the petitioner had issued a show

cause notice to the 2nd respondent asking him to show cause about the

accessing and circulation of the confidential information. The show

cause notice refers to the offer of employment dated 19.04.2011 and

states that the Clause 11 therein has been breached by the 2nd

respondent. However, along with the report of the forensic lab, five

Annexures have been attached. Annexure I contains the e-mail dated

19.04.2013 sent from [email protected] to the 29 addressees

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which have been sent at 10:54:26 AM and received at 10:54:34 AM.

Annexure II is an e-mail dated 21.07.2015 and a reply of the same

date relating to an exchange of messages between the officials of the

petitioner company regarding the manner in which the confidential

information can be secured. Annexure III is the e-mail dated

22.04.2013 which was sent by the 2nd respondent to Mr.Imamura

sharing his grievance. Annexure IV is the e-mail dated 17.04.2013,

attaching the Salary Revision April 2013.xls. This e-mail also displays

e-mail ID to which the mail had been sent. However, the e-mail dated

17.04.2013 which is enclosed at page 10 of the typed set of papers

does not display this e-mail address and only displays "nivas s".

Annexure V is the e-mail dated 19.04.2013 transferring 29 e-mail

addresses from [email protected] to nivas s.

26. A perusal of these e-mails as also the forensic report does

not explain or clarify the following factors:-

(i) The e-mail address from which the confidential information

has been transferred.

(ii) The anonymous e-mail transferring the addresses has been

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received by MW.1 on 19.04.2013 itself based on which the petitioner

management would state that the investigation had taken place at their

Japan office. However, none of the documents showing the

investigation relating to the transfer of these details in the form of a

digital trail has been produced.

(iii) Though M.W.1 would state that he has received the

anonymous e-mail along with other addresses his device has not been

submitted for forensic examination.

27. These are the glaring discrepancies which has not been

explained by the petitioner company. No doubt, this Court exercising

jurisdiction under Article 226 of the Constitution of India cannot go

into the evidence. However, when obvious facts have not been

explained the Court can look into the same. The petitioner, has

produced only the CD in which the messages/emails have been

copied. Therefore, this is not the original device to which the mail has

first copied. The original IP address from which the e-mail has been

emanated has not been tracked and there is nothing to link it to the IP

Address of the 2nd respondent.

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28. A perusal of the e-mails that have been sent to the

employees by the management starting from 19.04.2013, only states

that confidential information has been hacked and maliciously

circulated through an anonymous e-mail ID and that the petitioner

management would take steps to identify the hacker. However, none

of the e-mails thereafter has specifically described the e-mail ID from

which the original mail had been forwarded. In fact, in a mail dated

24.04.2013, sent from the Japan Office to Saravanan, it is stated that a

particular user log ID which has been looked into does not show any

suspicious behavior. Therefore, as rightly held by the 1st respondent,

the petitioner company has not been able to establish that it is the 2nd

respondent who has indulged in the sharing of the confidential

information. Further, the forensic report that been filed also does not

support the case of the petitioner.

29. In a mail dated 24.04.2013 sent at 9.44 AM from

Mr.Shimamoto Osamu to Mr.Saravanan, the said Simamoto informs

Mr.Saravanan that they require an official approval to proceed with

the IT forensic and to disclose the information. In this e-mail they are

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stating that they are working to extract the logs (A log is a file or

record containing information about activities in a computer system).

However, the letter dated 25.04.2013 in and by which the petitioner

was recalled from Japan there is a categoric statement that based on

the investigation carried out by their Global IT, it was the 2nd

respondent who had accessed the confidential information and

transferred the same to his personal e-mail ID. The mail referred

above, i.e. 24.04.2013 however indicates that the investigation was yet

to be concluded. That being the case on the very next date i.e;

25.04.2013, the petitioner management has issued the letter

categorically holding the 2nd respondent liable. As already stated, the

investigation details have not been placed before the 1st respondent or

this Court for consideration. Therefore, it is clear that the petitioner

management have not been able to prove that the confidential

information has been shared by the 2nd respondent.

30. The order of termination suffers from the vice of not only

arbitrariness but also malafides and is a pre-determined one. Even

before the show cause notice dated 29.04.2013 was issued the

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petitioner has found the 2nd respondent guilty which is evident from

the contents of the letter dated 25.04.2013 which is discussed supra.

Further, even the show cause notice pins the blame upon the 2nd

respondent. Therefore, it is clearly evident that the petitioner

management has already held the 2nd respondent guilty and the show

cause notice was merely a lip service.

31. The show cause notice has been issued on the ground that

the 2nd respondent had violated Clause 11 of the offer of appointment

dated 19.04.2011. It would be useful to extract the said clause. Clause

11 of the offer of employment would read as follows:-

11. General

You are to devote your whole time, attention

and ability to the interest of the Company.

You are to treat as strictly confidential the

affairs of the Company and its customers of which

you may be cognizant and particularly any and all

knowledge, information, know-how, trade secrets

and data, whether technical, non-technical or

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computer-generated (including, but not limited to

drawings, sketches, plans, documents, quotations,

specifications, etc., and any information obtained

from these).

You are not to interest yourself in any business or

do any trading on your own account.

You will be governed by the rules and regulations

of the company in matters of conduct and discipline

and carryout all lawful orders of the Management

and Superiors of the company.

Breach of any of the conditions above will render

you liable to termination of your employment

without notice."

32. A reading of this clause would clearly show that the sharing

of address or salary details do not come within the category of

confidential information as set out in clause 11 of the offer of

employment. The 2nd respondent having categorically denied

downloading and sharing the alleged confidential information, the

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onus is on the petitioner management to prove the same, in this

endeavour the petitioner has miserably failed.

32. From a perusal of the records it is clearly seen that the

petitioner management has not followed the provisions of Section

41(1) of the Tamil Nadu Shops and Establishment Act, 1947

(hereinafter called as the "TNSE Act") before terminating the 2nd

respondent. Section 41 (1) of the TNSE Act would read as follows:-

41. (1) - No employer shall dispense with the

services of a person employed continuously for a

period of not less than six months, except for a

reasonable cause and without giving such person at

least one months notice or wages in lieu of such notice,

provided however, that such notice shall not be

necessary where the services of such person are

dispensed with on a charge of misconduct supported by

satisfactory evidence recorded at an enquiry held for

the purpose."

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33. A reading of the aforesaid provisions would clearly show

that the employer cannot dispense with the services of a employee

without a reasonable cause and without giving such person one

month's notice or wage in lieu of such notice. This Section further

states that the notice would not be necessary only where service of the

person is dispensed with on a charge of mis-conduct supported by

satisfactory evidence recorded at an enquiry held for the purpose.

Therefore, the provisions of the TNSE Act stipulates that before

dispensing with the services of an employee he has to be given notice

and an enquiry has to be held, which in the instant case has admittedly

not been conducted. A show cause notice has been issued on

29.04.2013 to which the petitioner has sent a detailed reply on

02.05.2013. The explanation in the said reply has not been taken into

consideration which is evident from a perusal of the letter dated

06.05.2013 sent by the petitioner management to the 2nd respondent

and thereafter by a letter dated 02.08.2013 his services has been

terminated. Therefore, the dismissal order has been rightly set aside by

the 1st respondent.

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34. The petitioner management would submit that the order

directing reinstatement is erroneous since the petitioner management

had lost confidence in the 2nd respondent and therefore they cannot be

compelled to reinstate the 2nd respondent. In support of this argument

the petitioner management has relied upon the following judgments:-

(i) Ruby General Insurance Co. Ltd. Vs. P.P.Chopra –(1969)

3 SCC 653.

(ii) Air India Corporation Vs. V.A.Rebellow – (1972) 1 SCC

(iii) Anil Kumar Chakraborty Vs. Saraswatipur Tea Co. Ltd. –

(1982) 2 SCC 328.

(iv) Karnataka SRTC Vs. M.G.Vittal Rao – (2012) 1 SCC 442.

35. In the judgment of reported in (2012) 1 SCC 442 -

Karnataka SRTC Vs. M.G.Vittal Rao, the Hon’ble Supreme Court

was considering the order passed by a division bench reinstating the

employee into service despite the fact that he had been found guilty of

cutting a Padlock of the cash room and removing cash from the chest.

A departmental enquiry was conducted and criminal proceedings were

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also initiated. Although the employee was acquitted in the criminal

case, he was found guilty in the departmental enquiry and was

subsequently dismissed from service. The Management had taken a

plea that the order of the division bench directing reinstatement was

erroneous in as much as they had lost confidence in the employee and

therefore they cannot be compelled to reinstate the employee into

service. The learned Judges had referred to the judgment reported in

2001 9 SCC page 609 - Kanhaiyalal Agrawal Vs. Gwalior Sugar Co.

Ltd.. wherein the Hon’ble Supreme Court had laid down the test for

loss of confidence to find out as to whether there was a bonafide loss

of confidence in the employee. The learned Judges had held the

following to be the test :-

(i) The workman is holding a position of trust and confidence.

(ii) by abusing the position he commits an act which results in

forfeiting the same.

(iii) to continue him in service would be embarrassing and

inconvenient to the employer or would be detrimental to the discipline

or security of the establishment.

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36. The learned Judges observed that loss of confidence cannot

be subjective based upon the mind of the management. Objective facts

that would lead to a definite inference of apprehension in the mind of

the management regarding trustworthiness or reliability of the

employee must be alleged and proved.

37. If this test were to be applied to the instant case, though the

allegation has been made that the 2nd respondent is guilty of sharing

confidential information, there is nothing to prove that it was he who

was guilty of the same. Therefore, without proving the same, the loss

of confidence pleaded is purely is in the mind and a perceived

apprehension of the petitioner management. Further, as already held

the confidential information which is shared does not come within the

category of confidential information as described in clause 11 of the

offer of employment.

38. Therefore, in the absence of proof, the petitioner cannot

dilate on the defence of loss of confidence to set aside the order passed

by the 1st respondent. Accordingly, I see no reason to interfere with

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the well considered order passed by the 1st respondent.

39. In fine, the Writ Petition stands dismissed. No costs.

Consequently, the connected Miscellaneous Petitions are closed.




                                                                                             26.08.2025

                   (shr)
                   Index       : Yes/No
                   Speaking Order: Yes/No
                   Neutral Citation : Yes/No


                   To

                   1.The Special Joint Commissioner of Labour
                   (The Appellate Authority

under the Tamil Nadu Shops and Establishments Act, 1947), Teynampet Chennai- 600 006.

P.T. ASHA. J.,

(shr)

https://www.mhc.tn.gov.in/judis ( Uploaded on: 26/08/2025 02:37:22 pm )

and W.M.P.Nos.9398, 26258 & 26260 of 2021

.08.2025

https://www.mhc.tn.gov.in/judis ( Uploaded on: 26/08/2025 02:37:22 pm )

 
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