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No need for separate enquiry if worker was punished based on conviction by criminal court: HC

Our Legal Correspondent

The first Bench held that by no stretch of imagination the offence by the worker could be said to be one which involved moral turpitude leading to termination of service.

Chennai , Nov. 2

The Madras High Court has held that if a worker was found guilty of an offence by a criminal court and that the management wanted to take advantage of the same, it was unnecessary for the latter to hold any separate enquiry. When a management solely imposed a punishment based upon outcome of judgment in the criminal court, without considering the proportionality of the punishment, judicial review was permissible.

The first Bench, comprising Chief Justice Mr A.P. Shah and Mr Justice K. Chandru, while setting aside the order of a single judge who had set aside the order of the appellate authority under TN Shops & Establishments Act quashing the order of termination of a worker of a co-operative agricultural bank, held that by no stretch of imagination, the offence by the worker could be said to be one which involved moral turpitude leading to termination of service.

Allowing a writ appeal by Mr Santhanaraman, a worker in Needamangalam Co-operative Agricutural Bank, Thiruvarur, challenging the order of the single judge, the Bench said that the bank had not sought for any request to lead any additional evidence. Hence, it must suffer consequences. A finality attached to the orders could not be re-opened, and this Court could not grant any permission to conduct any fresh enquiry.

The appellant was working in the bank from November 1, 1991 on a daily wage of Rs 24. He sought for regularisation of his service. His services were orally terminated with effect from March 3,1995. He filed an appeal before the Deputy Commissioner of Labour, Tiruchi. The bank (first respondent) in its counter alleged that on March 3, 1995 the appellant assaulted a co-worker and he was convicted by a criminal court.

The first respondent, for the first time, contended that in view of conviction by criminal court, and in terms of provisions of TN Co-operative Societies Act, 1983, the appellant was not eligible for being continued in service. The appellant submitted that no enquiry was conducted against him and no evidence was let in to prove his guilt.

The workman had suffered non-employment for over 11 years, and only ground against him was conviction by criminal court. The Bench said conviction would not amount to an offence involving moral turpitude. It was enough punishment if he was denied full back wages.

The order of single judge was set aside and the order of Deputy Commissioner of Labour stood restored. But in view of the appellant having got some interim relief, he would not be paid any wages for the period between March 3,1995 and August 8, 2006. However, this period will be treated as continuous service for all other benefits including terminal benefits. The first respondent was directed to restore the appellant in service within two weeks from date of receipt of this order.

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