Chanan Singh vs The Kutba Cooperative Agricultural Service Society Ltd. and Another <BR> Kashmir Singh Vs Labour Court Patiala and Another

K. Kannan, J.—The writ petitions are against the orders passed by the Labour Court upholding the termination orders issued against the workmen. The termination was made without any form of enquiry for alleged participation in the strike and for the continuous absence without any authority. The Labour Court observed that if the workmen had taken part in the illegal strike and they did not seek for any specific permission before going on leave, their absence was unauthorized and no enquiry was necessary. The action of the management and the observation of the Labour Court are erroneous. There cannot be a termination of service without any form of enquiry unless we grapple with the situation such as one which is provided under Article 311(2) where enquiry could be dispensed for issues of security or for special reasons. In an industrial setting even if a workmen had done an act which according to the management was improper, the workman was bound to be joined in an enquiry to allow him a cause to explain. The principle of natural justice is well ingrained into our legal system that there could be no breach for this inviolable rule. The termination ordered was clearly wrong and the upholding of such an illegal termination by the Labour Court was also erroneous.

The termination order was issued on 25.06.1981 in C.W.P. No. 4679 of 1989 and on 19.06.1981 in C.W.P. No. 5399 of 1990 and now when 32 years have passed since the time when they had been out of service, it shall not be possible or exigent to allow for reinstatement to take place. Further, they should have themselves gone well past the age of superannuation. The petitioner in C.W.P. No. 4679 of 1989 had 9 years of service before his termination and the petitioner in C.W.P. No. 5399 of 1990 had 3 years of service. The petitioner in C.W.P. No. 4679 of 1989 is said to have drawn Rs. 850/- per month as a salary at the time of his termination and the petitioner in C.W.P. No. 5399 of 1990 is said to have drawn a salary of Rs. 350/- at the time of his termination. Taking overall consideration of the number of years of service and the salary that was being drawn, I am of the view that interest of justice will be met if the petitioner in C.W.P. No. 4679 of 1989 is paid a compensation of Rs. 2 lacs in full quit without interest within 8 weeks from the date of service of notice against the respondent with a copy of the order passed by this Court. If the amount is not paid as directed, the petitioner will be at liberty to secure the same in the manner known to law with interest @12% per annum from today. As regards the petitioner in C.W.P. No. 5399 of 1990, having regard to the number of years of service and the salary which he was drawing, I am of the view that interest of justice will be met if an amount of Rs. 75,000/- is paid to the petitioner within the same period of 8 weeks from the date of service of the copy of the order and in default the petitioner will have the benefit of claiming the same within interest @12% per annum from today in accordance with law. The writ petitions are disposed of as above.