AI Structured Summary
Not yet generated for this judgment
Judgment
A.K. Rajan, J.—The prayer in the writ petition is for issue of writ of certiorari to call for the records of the 1st respondent in I.D.No.237 of
1988 and quash its award dated 22.3.1993.
The petitioner is the Tamil Nadu Electricity Board. The members of the second respondent Union went on strike in the year 1972-73 and they
resorted to frequent agitations like taking mass casual leave, pen down strike, gherao the officers and mass squatting etc. Such activities were
invariably done in the working hours. The Unions were informed by the Board that that the authority will follow the principle of ""no work no pay
for all kinds of unauthorised absence resorted to by the workmen. Instructions were issued to all the officers concerned about this. In the month of
September 1984, employees who happened to be the members of the 2nd respondent Union working in various Circles all over Tamil Nadu
simultaneously applied for mass casual leave on 19.9.1984 on the ground that they want to participate in an Hunger Fast as per the decisions of All
India Electricity Federation. That was rejected as it was not a legal one. Leave was refused for all 44 employees even on 18.9.1984. The
workmen concerned were informed about the refusal of the leave applied for by them. In spite of that all the 44 employees absented themselves
from duty on 19.9. 1984. Therefore, disciplinary action in accordance with the Rules was initiated against the erred employees. After enquiry, the
charges framed were found to be true and punishments were imposed ranging from censure i.e. Stoppage of increment for a period of 2 years with
or without cumulative effect, taking into consideration the hardship experienced in various places. The punishment so imposed were challenged
before the Labour Court by the Union. The Labour Court passed an award holding that the action of the petitioner imposing different punishments
to different individuals was not justified. Challenging the award of the Labour Court, this writ petition has been filed .
3.The award passed by the Labour Court cannot be said to be illegal. When the same act of misconduct was committed by different persons, the
punishment also should be the same. The authorities cannot discriminate and give different punishments to different persons. Therefore, the Labour
Court award cannot be said to be infirm. Hence it cannot be set aside.
In the result, the writ petition is dismissed.
Consequently, the connected W.M.P is also dismissed. No costs.