The Hindu Business Line : Labour Court should confine to materials produced by employer: Madras HC

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Chennai Jan. 26 Labour courts had to follow strictly provisions of law under Section 11A of Industrial Disputes Act while dealing with disputes about dismissal of employee vis-à-vis plea for reinstatement, the Madras High Court has held.

The First Bench, which was hearing a writ appeal by a salesman working in a fair price shop of Tiruvalam Primary Agricultural Co-op Bank, challenging order of a single judge, holding that the Labour Court, Vellore, while rejecting claim of reinstatement of salesman, ought not to have granted payment of back wages on sole ground of non-payment of subsistence allowance.

According to the Bench, comprising the Chief Justice, Mr A.P. Shah, and Mr Justice K. Chandru, the Labour Court should confine itself to materials on record recorded by an employer and produced before the court and consider the same as per power conferred on it under Section 11A.

Appellant Mr K. Damodaran said that on charge of causing loss to society, he was placed under suspension with effect from 24-11-1993. Enquiry was conducted on 16-3-1994 and he was dismissed from 23-6-1994.

He raised a dispute and the same was taken on file by the Labour Court. On 29-5-2000, a joint memo was filed by both sides, and the court recorded evidence by the two sides.

The Labour Court held that if non-payment of subsistence allowance was not disputed it amounted to violation of natural justice. The single judge said that the Labour Court had not applied its mind at all. It had not followed law while interfering with order of punishment imposed by management.

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