w w w . L a w y e r S e r v i c e s . i n



M/s. Renowned Auto Products Manufacturers Limited., now known as M/s. Tenneco Automotive India Pvt., Ltd., Rep. by its Director, J. Ambrose, Hosur & Another v/s The Presiding Officer, Labour Court, Salem & Others


Company & Directors' Information:- TENNECO AUTOMOTIVE INDIA PRIVATE LIMITED [Active] CIN = U34300TZ1998PTC015231

Company & Directors' Information:- J J AUTOMOTIVE LTD [Active] CIN = L34103WB1981PLC033996

Company & Directors' Information:- AUTOMOTIVE MANUFACTURERS PRIVATE LIMITED [Active] CIN = U34100MH1948PTC006781

Company & Directors' Information:- E R AUTO PRIVATE LIMITED [Active] CIN = U34300HR2002PTC035002

Company & Directors' Information:- P P PRODUCTS PVT LTD [Active] CIN = U32305WB1991PTC051091

Company & Directors' Information:- K K PRODUCTS LIMITED [Active] CIN = U31300DL1991PLC045521

Company & Directors' Information:- S C L AUTOMOTIVE PRIVATE LIMITED [Active] CIN = U35900TN2009PTC072343

Company & Directors' Information:- K B PRODUCTS PRIVATE LIMITED [Active] CIN = U51909MH2007PTC169627

Company & Directors' Information:- K Y AUTO PRIVATE LIMITED [Active] CIN = U50300JK2013PTC003849

Company & Directors' Information:- J. S. B. AUTO PRIVATE LIMITED [Active] CIN = U50300DL2010PTC198144

Company & Directors' Information:- P P AUTOMOTIVE PRIVATE LIMITED [Active] CIN = U35999HR2009PTC039808

Company & Directors' Information:- T & R AUTO PRIVATE LIMITED [Active] CIN = U50200TG2012PTC082553

Company & Directors' Information:- AUTOMOTIVE CORPN OF INDIA LTD [Strike Off] CIN = U15422MH1974PLC017377

Company & Directors' Information:- K G PRODUCTS PRIVATE LIMITED [Active] CIN = U51909PB2007PTC031201

Company & Directors' Information:- D R D B AUTO PRIVATE LIMITED [Strike Off] CIN = U74899DL1988PTC032028

Company & Directors' Information:- A-1 AUTO PVT. LTD [Active] CIN = U51502MH2006PTC165934

Company & Directors' Information:- S S P PRODUCTS PRIVATE LIMITED [Active] CIN = U22110WB1974PTC210201

Company & Directors' Information:- AUTO INDIA PRIVATE LIMITED [Active] CIN = U65991TN1984PTC010923

Company & Directors' Information:- M N AUTO PRODUCTS PRIVATE LIMITED [Active] CIN = U50300TZ2004PTC011066

Company & Directors' Information:- G N AUTOMOTIVE PRIVATE LIMITED [Strike Off] CIN = U50102MH2010PTC201448

Company & Directors' Information:- G. H. AUTOMOTIVE PRIVATE LIMITED [Active] CIN = U34300DL2007PTC161956

Company & Directors' Information:- M L B PRODUCTS PRIVATE LIMITED [Active] CIN = U74899DL1990PTC040990

Company & Directors' Information:- K V AUTO LTD [Strike Off] CIN = U28932PB1994PLC014522

Company & Directors' Information:- M M PRODUCTS LIMITED [Strike Off] CIN = U28994DL1992PLC050955

Company & Directors' Information:- C V AUTOMOTIVE PRIVATE LIMITED [Active] CIN = U63011DL2009PTC189646

Company & Directors' Information:- M P K PRODUCTS PVT LTD [Active] CIN = U26919AS1994PTC004183

Company & Directors' Information:- G K PRODUCTS PRIVATE LIMITED [Active] CIN = U74899DL1991PTC043260

Company & Directors' Information:- N R PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U51109AS1998PTC005561

Company & Directors' Information:- C L PRODUCTS INDIA LIMITED [Active] CIN = U51909DL2002PLC116975

Company & Directors' Information:- K. S. A. PRODUCTS PRIVATE LIMITED [Active] CIN = U51220PB2014PTC039023

Company & Directors' Information:- K J AUTOMOTIVE PRIVATE LIMITED [Active] CIN = U50401PN2013PTC146058

Company & Directors' Information:- K G N AUTO PRIVATE LIMITED [Active] CIN = U74900PN2015PTC157675

Company & Directors' Information:- J. S. AUTO PRIVATE LIMITED [Active] CIN = U34102UP1986PTC008173

Company & Directors' Information:- P D AUTO PRODUCTS PRIVATE LIMITED [Active] CIN = U51909DL2003PTC118588

Company & Directors' Information:- THE INDIA COMPANY PRIVATE LIMITED [Active] CIN = U74999TN1919PTC000911

Company & Directors' Information:- D. R. PRODUCTS PRIVATE LIMITED [Active] CIN = U52320DL2011PTC213508

Company & Directors' Information:- R S PRODUCTS PRIVATE LIMITED [Active] CIN = U74899DL1989PTC036603

Company & Directors' Information:- R R PRODUCTS PRIVATE LIMITED [Active] CIN = U24249HR1999PTC034291

Company & Directors' Information:- D M AUTOMOTIVE PRIVATE LIMITED [Active] CIN = U29253HR2012PTC045797

Company & Directors' Information:- I G PRODUCTS PRIVATE LIMITED [Active] CIN = U74999WB2012PTC183503

Company & Directors' Information:- P S AUTO PRIVATE LIMITED [Active] CIN = U34300MH1999PTC120052

Company & Directors' Information:- T K W AUTOMOTIVE PRIVATE LIMITED [Active] CIN = U34300DL2005PTC137031

Company & Directors' Information:- J S R PRODUCTS PRIVATE LIMITED [Active] CIN = U31908DL2007PTC170841

Company & Directors' Information:- A B M MANUFACTURERS PVT LTD [Active] CIN = U51312WB1992PTC055066

Company & Directors' Information:- C F C PRODUCTS PRIVATE LIMITED [Active] CIN = U28129DL1998PTC095531

Company & Directors' Information:- L G K AUTOMOTIVE PRIVATE LIMITED [Active] CIN = U34300AS2001PTC006713

Company & Directors' Information:- P M C AUTO LIMITED [Strike Off] CIN = U34300DL1995PLC071849

Company & Directors' Information:- B C C AUTO PVT LTD [Active] CIN = U74899DL1992PTC051439

Company & Directors' Information:- L K AUTOMOTIVE PRIVATE LIMITED [Active] CIN = U34300GJ2011PTC066118

Company & Directors' Information:- H H AUTO PRIVATE LIMITED [Amalgamated] CIN = U34100DL2009PTC192880

Company & Directors' Information:- M M AUTO PRIVATE LIMITED [Strike Off] CIN = U50300UP1988PTC009527

Company & Directors' Information:- M S PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U74899DL1993PTC055125

Company & Directors' Information:- B R PRODUCTS PRIVATE LIMITED [Active] CIN = U31909DL1999PTC100727

Company & Directors' Information:- S P B PRODUCTS LIMITED [Active] CIN = U51909DL1996PLC082631

Company & Directors' Information:- G K D PRODUCTS PRIVATE LIMITED [Active] CIN = U15431WB1998PTC086840

Company & Directors' Information:- M B R PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U17111WB1993PTC060806

Company & Directors' Information:- G B AUTO PRIVATE LIMITED [Strike Off] CIN = U50400MH1998PTC114977

Company & Directors' Information:- P D PRODUCTS PRIVATE LIMITED [Active] CIN = U23201DL2000PTC108462

Company & Directors' Information:- S K M PRODUCTS PRIVATE LIMITED [Active] CIN = U18101DL1998PTC093415

Company & Directors' Information:- H R PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U74899DL1978PTC009183

Company & Directors' Information:- V S PRODUCTS PRIVATE LIMITED [Active] CIN = U36900DL2008PTC185445

Company & Directors' Information:- M C AUTO PVT LTD [Under Process of Striking Off] CIN = U34300DL1977PTC008716

Company & Directors' Information:- H K PRODUCTS LIMITED [Active] CIN = U51900GJ2015PLC085457

Company & Directors' Information:- E N B AUTO (INDIA) PRIVATE LIMITED [Active] CIN = U34300PB1988PTC008040

Company & Directors' Information:- N K MANUFACTURERS PRIVATE LIMITED [Active] CIN = U28120MH2004PTC146249

Company & Directors' Information:- INDIA CORPORATION PRIVATE LIMITED [Active] CIN = U65990MH1941PTC003461

Company & Directors' Information:- S R K PRODUCTS PRIVATE LIMITED [Active] CIN = U51221KA1989PTC010032

Company & Directors' Information:- G M PRODUCTS PRIVATE LIMITED [Active] CIN = U74899DL1991PTC044687

Company & Directors' Information:- V T N PRODUCTS PVT LTD [Active] CIN = U51109WB1996PTC080094

Company & Directors' Information:- S V MANUFACTURERS PRIVATE LIMITED [Active] CIN = U27106DL2007PTC157389

Company & Directors' Information:- W S T Q PRODUCTS PRIVATE LIMITED [Active] CIN = U31300DL1999PTC102655

Company & Directors' Information:- J M K PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U24246OR2005PTC008446

Company & Directors' Information:- G S T PRODUCTS (INDIA) PRIVATE LIMITED [Strike Off] CIN = U31909TN2006PTC059575

Company & Directors' Information:- S M P PRODUCTS PRIVATE LIMITED [Active] CIN = U25200DL2009PTC190965

Company & Directors' Information:- S N S PRODUCTS PRIVATE LIMITED [Active] CIN = U15490DL2005PTC142749

Company & Directors' Information:- U B PRODUCTS PRIVATE LIMITED [Active] CIN = U51224DL2002PTC116457

Company & Directors' Information:- K D R AUTO PRIVATE LIMITED [Active] CIN = U34300DL2005PTC132732

Company & Directors' Information:- A AND A PRODUCTS PRIVATE LIMITED [Active] CIN = U21098MP2004PTC017128

Company & Directors' Information:- V J PRODUCTS PRIVATE LIMITED [Active] CIN = U36900GJ2011PTC065252

Company & Directors' Information:- S AND A PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U51311DL1991PTC042938

Company & Directors' Information:- S AND G PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U51909DL1982PTC014843

Company & Directors' Information:- B P PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U24241WB1999PTC089499

Company & Directors' Information:- D AND P PRODUCTS LIMITED [Amalgamated] CIN = U99999MH1951PTC008422

Company & Directors' Information:- S D H PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U55204KA2006PTC040734

Company & Directors' Information:- V M PRODUCTS PRIVATE LIMITED [Active] CIN = U24100DL2014PTC266679

Company & Directors' Information:- K S R AUTO PRIVATE LIMITED [Active] CIN = U34300PN2011PTC140367

Company & Directors' Information:- E C A PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U27209TN1987PTC014022

Company & Directors' Information:- J P AUTO PVT LTD [Strike Off] CIN = U50402WB1991PTC052147

Company & Directors' Information:- J N AUTOMOTIVE PRIVATE LIMITED [Active] CIN = U50102AS2014PTC011838

Company & Directors' Information:- E G AUTO PRIVATE LIMITED [Converted to LLP] CIN = U74899DL1987PTC027016

Company & Directors' Information:- R AND H AUTO INDIA PVT LTD [Active] CIN = U74899DL1982PTC013349

Company & Directors' Information:- A S A AUTOMOTIVE PVT LTD [Strike Off] CIN = U51109WB1991PTC052174

Company & Directors' Information:- G B B S AUTO PRODUCTS PVT LTD [Strike Off] CIN = U34103WB1988PTC043697

Company & Directors' Information:- D D AUTO PRIVATE LIMITED [Active] CIN = U74899DL1985PTC022306

Company & Directors' Information:- C R AUTO PRIVATE LIMITED [Strike Off] CIN = U34300PB1997PTC020137

Company & Directors' Information:- G S PRODUCTS LIMITED [Strike Off] CIN = U25191UP1989PLC010483

Company & Directors' Information:- B S K AUTO PRIVATE LIMITED [Strike Off] CIN = U29246PB1997PTC020704

Company & Directors' Information:- AUTO PRODUCTS PVT LTD [Strike Off] CIN = U34300TG1972PTC001528

Company & Directors' Information:- D R P AUTOMOTIVE PRIVATE LIMITED [Active] CIN = U51101DL2014PTC267341

Company & Directors' Information:- J AND J MANUFACTURERS P LTD [Strike Off] CIN = U34300KL1981PTC003444

Company & Directors' Information:- K AND K AUTO PRIVATE LIMITED [Active] CIN = U29199TZ1996PTC007431

Company & Directors' Information:- J K M AUTO PRIVATE LIMITED [Strike Off] CIN = U34300DL2005PTC143914

Company & Directors' Information:- F I C MANUFACTURERS PRIVATE LIMITED [Strike Off] CIN = U24211TZ1974PTC000693

Company & Directors' Information:- A R K PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U24231UP1978PTC004606

Company & Directors' Information:- K AND K AUTO PRIVATE LIMITED [Not available for efiling] CIN = U34300DL1988PTC032426

Company & Directors' Information:- S. M. PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U17299DL1966PTC004634

Company & Directors' Information:- AUTO REP PRIVATE LIMITED [Strike Off] CIN = U35990KA1986PTC007969

Company & Directors' Information:- H B AUTO (INDIA) PRIVATE LIMITED [Active] CIN = U50401OR1988PTC002075

Company & Directors' Information:- S B G AUTO PRIVATE LIMITED [Strike Off] CIN = U50101MH2006PTC158566

Company & Directors' Information:- D S AUTOMOTIVE PRIVATE LIMITED [Strike Off] CIN = U50102MH2011PTC215763

Company & Directors' Information:- R. M. R. PRODUCTS PRIVATE LIMITED [Active] CIN = U74999MH2017PTC298120

Company & Directors' Information:- V. E AUTOMOTIVE INDIA PRIVATE LIMITED [Active] CIN = U34200UP2012PTC054101

Company & Directors' Information:- C R V MANUFACTURERS PRIVATE LIMITED [Active] CIN = U21022DL2012PTC245512

Company & Directors' Information:- K. S. AUTOMOTIVE PRIVATE LIMITED [Active] CIN = U51502DL2007PTC163634

Company & Directors' Information:- P & Q PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U51909DL2014PTC269162

Company & Directors' Information:- O P AUTO PRIVATE LIMITED [Active] CIN = U51103DL2008PTC181391

Company & Directors' Information:- D K S AUTO PVT LTD [Strike Off] CIN = U34300DL2001PTC111465

Company & Directors' Information:- C L K AUTO PRIVATE LIMITED [Strike Off] CIN = U34300DL2003PTC118551

Company & Directors' Information:- J K AUTOMOTIVE PRIVATE LIMITED [Converted to LLP] CIN = U34300DL2011PTC218392

Company & Directors' Information:- K B H AUTO PRIVATE LIMITED [Strike Off] CIN = U74899DL2000PTC107258

Company & Directors' Information:- H T PRODUCTS PVT LTD [Strike Off] CIN = U29266WB1981PTC033424

Company & Directors' Information:- PRODUCTS (INDIA) LTD [Strike Off] CIN = U31901WB1961PLC024991

Company & Directors' Information:- Hosur [] CIN = AAL-5058

Company & Directors' Information:- M PRODUCTS & CO PVT LTD [Strike Off] CIN = U51909WB1956PTC023215

Company & Directors' Information:- AUTO INDIA LIMITED [Not available for efiling] CIN = U99999MH1948PLC006176

Company & Directors' Information:- R K AUTO INDIA PVT LTD [Strike Off] CIN = U99999DL2000PTC901836

    W.P. Nos. 20226 of 2014 & 29703 of 2015 & M.P. Nos. 1 of 2014 & 1 of 2015

    Decided On, 18 November 2019

    At, High Court of Judicature at Madras

    By, THE HONOURABLE MR. JUSTICE S.M. SUBRAMANIAM

    For the Appearing Parties: S. Ravindran, Senior Counsel, V.M. Narayanan, R. Bharath kumar, Advocates.



Judgment Text


(Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari, calling upon the 1st respondent to produce the records in respect of I.D.No.289 of 2005 and quash the impugned order dated 03.12.2013 passed in I.D.No.289 of 2005 by the 1st respondent.)

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari, calling for the records from the files of the 2nd respondent in I.D.No.289 of 2005 and quash its impugned Award made therein dated 03.12.2013 insofar as it has denied and negative petitioner's claim for full back wages and other attendant and consequential benefits.

Common Order:

1. The Award dated 03.12.2013 passed in I.D.No.289/2005 is under challenge in the present writ petitions.

2. In W.P.No.20226 of 2014, the writ petitioner is the Management of M/s.Renowned Auto Products Manufacturers Limited. In W.P.No.29703 of 2015, the writ petitioner is the workman, namely Mr.L.Ellappa.

3. The learned Senior counsel appearing on behalf of the writ petitioner Management made a submission that the 2nd respondent workman joined in the writ petitioner company as a trainee and thereafter, appointed as a Probationer and his services were confirmed by the company as a regular employee on 15.12.2000 in the Post of Operator unskilled. He was promoted to the staff category as Member-Manufacturing under specific order of appointment dated 12.11.2003 with terms and conditions of employment, which were agreed and accepted by the 2nd respondent workmen.

4. The learned Senior counsel made a submission that the 2nd respondent was a habitual absentee without any prior permission from the Management. He was continuously absent for a period of 10 days and more. During the year 2002, he was in unauthorizedly absent for about 39 days and during the year 2003, 48.5 days. As per the standing orders, charge sheet was issued against the 2nd respondent regarding the misconduct of unauthorized absence and thereafter, the order of termination was issued directly. The order of termination was taken by way of a dispute in I.D.No.289/2005 under Section 2A(2) of the ID Act.

5. The learned Senior counsel made a submission that there was a delay in raising the dispute itself. The learned Senior counsel contended that admittedly, no Domestic enquiry was conducted. However, before the Labour Court, the Enquiry was conducted and the Labour Court examined the witnesses and made a finding in this regard. Once, the Labour Court conducted an enquiry in lieu of the Domestic Enquiry to be conducted by the Management, then the said enquiry should be construed as compliance of Principles of Natural Justice and therefore, there is no infirmity as such in respect of the proved charges. Thus, the Labour Court conducted an enquiry, examined the witnesses and arrived a finding regarding the charges of unauthorized absence. Such being the findings, there is no reason whatsoever to interfere with the quantum of punishment. When the unauthorized absence is a grave misconduct as per the Standing orders of the company and the company is able to establish that the 2nd respondent workman committed the misconduct of unauthorized absence, then there is no reason for the Labour Court to set aside the order of punishment. The Labour Court arrived a finding in clear terms that the 2nd respondent workman was a absentee during the relevant period of time. The documents regarding the unauthorized absence were filed by the Management. The 2nd respondent workman also was examined by the Labour Court and the Management could able to prove the allegation of unauthorized absence against the 2nd respondent workman. Regarding all these factors, the Labour Court made a conclusion that no enquiry was conducted and therefore, the order of punishment is in violation of the Principles of Natural Justice.6. The learned Senior counsel seriously objected the above findings of the Labour Court mainly on the ground that admittedly no Domestic enquiry was conducted. However, when the Labour Court conducted the enquiry by way of a full fledged trial and arrive a finding in respect of the charges framed against the workman, then the order of punishment cannot be set aside on the ground that no enquiry was conducted. In other words, trial was conducted in lieu of the Domestic enquiry to be conducted by the Management. In such cases, the Labour Court cannot made a finding that no enquiry was conducted and therefore, the order of punishment is in violation of the Principles of Natural Justice.

7. The learned counsel appearing on behalf of the 2nd respondent workman disputed the contentions raised by the writ petitioner by stating that the unauthorized absence is very minimal and the workman was working for a considerable length of time with the Management. All along, he was working sincerely and on account of certain serious illness, he could not able to report for duty during the year 2002 and 2003 alone. The Management ought to have granted some concession in such circumstance to the workman. Contrarily, they have dismissed the 2nd respondent workman even without conducted any domestic enquiry. Such action initiated is in violation of the Principles of Natural justice. Though the Labour Court conducted an enquiry, the Labour Court arrived a conclusion that the Principles of Natural justice has been violated in this case and accordingly, granted the relief of reinstatement without back wages. In view of the fact that the unauthorized absence are established, the Labour Court has not granted back wages. However, the Labour Court granted reinstatement with continuity of service. This being the award, there is no infirmity or perversity and accordingly, the award is to be upheld.

8. The learned counsel for the workman further reiterated that the workman filed another Writ Petition for grant of back wages on the ground that once the Labour Court arrived a conclusion that the order of dismissal was issued not in compliance with the Principles of Natural Justice, then the workman is entitled for back wages and therefore, the Labour Court has committed an error in that aspect alone. Therefore, the Award is to be modified to the extent of granting reinstatement with back wages and continuity of service.

9. This Court is of the considered opinion that as per the Standing orders, unauthorized absence is a misconduct. Admittedly, a Domestic Enquiry was not conducted by the writ petitioner Management. At the first instance, the Management had violated the Principles of Natural Justice by issuing the order of termination without conducting any enquiry. However, the Labour Court conducted an enquiry by examining the witnesses and the 2nd respondent workman himself participated in the trial and his statements were also recorded by the Labour Court. Once the Labour Court conducted a trial and arrived a conclusion that the charges of unauthorized absence are established, then the Labour Court cannot come to the conclusion that the Principles of Natural Justice had been violated. Undoubtedly, the Principles of Natural Justice had been violated by the Management, which was rectified by the Labour Court by conducting a trial. In the present case, admittedly, the Labour Court conducted the trial and arrived a conclusion that the charges are proved by the Management. However, the Labour Court passed an order of reinstatement with continuity of service and without back wages.

10. This Court is of the considered opinion that the 2nd respondent workman is working for a considerable length of time with the writ petitioner / Management. There was no previous allegations of unauthorized absence against this workman. When his previous services were unblemished and there is no such allegations unauthorized absence till the year 2002, then his contention that he was ill during the particular period is to be considered by the Court. He was unauthorizedly absent only during the year 2002 and 2003, for which, he made a submission that he was not well during the relevant point of time. When the workman all along served with the Management, without any such allegations of misconduct of unauthorized absence and the number of days are also not huge, this Court is of the considered opinion that the theory of proportionality is to be applied in respect of the facts and circumstances of the present case.

11. Considering the fact that the unauthorized absence is a misconduct, this Court is inclined to consider the past services of the workman with the writ petitioner Management. In view of the fact that the workman had clean record

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s of service for about 6 years, his case is to be considered in respect of the quantum of punishment. 12. Accordingly, the following orders are passed: (1) The Award of the Labour Court, directing the writ petitioner Management to reinstate the 2nd respondent in service with continuity of service stands confirmed. (2) However, the 2nd respondent is not entitled for back wages as 'No work No Pay' principles are to be applied in this case. The 2nd respondent workman is not entitled to claim any back wages and the Management is directed to reinstate the 2nd respondent workman within a period of two weeks from the date of receipt of a copy of this order. On reinstatement, the Management is directed to pay the benefit of continuity of service and current charges.13. With these directions, both the writ petitions stand disposed of. However, there shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.
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