AI Structured Summary
Not yet generated for this judgment
Judgment
M.S. Menon, J.—The management of the S. N. V. Sadanam questions the validity of the award of the Labour Court, Quilon, in Industrial Dispute No. 1 of 1958. The issue referred for adjudication was:
"Whether the discharge of the following workers is justifiable? If so and if not, to what reliefs are they entitled?
Kunju Pillai
K. Bhanumathy
P. Esakki Amma
B. Kamalamma
B. Nagamma
G. Chinnappan
J. Pyaras.
Counsel for the petitioner submitted that if I am in agreement with his contentions regarding Kunju Pillai, his client does not propose to question the award in so far as the other six workmen are concerned.
After a full discussion of the evidence regarding Kunju Pillai the Labour Court has stated as follows:
On a consideration of the evidence let in before me I am convinced that Kunju Pillai is guilty of the misconduct alleged against him and as such the order of the management discharging Kunju Pillai has only to be upheld.
In spite of this categorical conclusion, however, as regards the propriety of the discharge of Kunju Pillai, the Labour Court has chosen to award him compensation at the rate of one month''s wages for every completed year of service. This is clearly wrong and cannot be sustained.
It follows that the award of the Labour Court impugned in this petition has to be quashed in so far as it relates to the award of compensation to Kunju Pillai. Order accordingly.
In view of the above order and the submission recorded in paragraph 2 above, it is unnecessary to consider whether the award in so far as it relates to the other six workmen can be supported or not. That question is not considered in this Judgment. The petition is allowed in the manner and to the extent indicated above. No costs.