The Hindu Business Line : Making permanent worker a `badli' meant change of status: HC

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Chennai March 6 The Madras High Court has ruled that word `demotion' could be only to bring down a worker from higher post to a lower one. Conferring on a permanent workman, post of `badli' would change his status, Mr Justice K. Chandru held.

Setting aside the order of the management of Punkaja Mills (a unit of National Textile Corporation), Coimbatore, making a `shift generator operator' as a `badli', the judge said that the respondent (mills) was entitled to impose any punishment, including capital punishment of removal from service.

However, according to the judge, in the present case, discretion had already been exercised, and the petitioner (Mr M. Devadoss) had already been awarded punishment, which was short of dismissal only.

Challenging the order dated November 28, 2005 of respondent, the petitioner contended that the standing orders of the mills had not incorporated such punishment as making him a `badli'. There was no provision in the standing orders to post a permanent employee as a `badli' and demotion could only be from a higher permanent post to a lower post.

As per records and considering petitioner's past conduct, though respondent wanted to remove him from service, they only desired to impose a lesser punishment. It clearly showed that management never wanted to impose punishment of removal from service.

The judge held that it was for the employer to impose any lesser punishment other than removal from service, which was contemplated under the standing orders. While this court remanded the matter to the respondent for imposing an appropriate punishment, liberty was given to the respondent only to impose a lesser punishment other than removal from service.

The writ petition was partially allowed to the above extent.

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