Central employees cannot move HC without approaching CAT, says HC
TNN | Nov 1, 2017, 07:29 IST
CHENNAI: The Madras high court has made it clear that employees of public sector undertaking or similar institutions defined as workmen under the provisions of the Industrial Disputes Act, cannot approach the high court directly without approaching the Central Administrative Tribunal (CAT).
Justice T Raja passed the order while dismissing a plea moved by D Inbavalli, an employee of State Bank of India (SBI), challenging the show cause notice issued to her. It was alleged that the petitioner, while serving as a special assistant in the bank's Koyambedu branch, was involved in misappropriation of Rs 1,000 belonging to a customer. Based on a complaint, the administration issued a charge memo on May 10, 2012.
Noting that the plea is not maintainable for various reasons, the judge said, "Firstly, the petition is not maintainable, for the simple reason that the petitioner being a workman under section 2(s) of the Act, has to approach the CAT, Chennai by rising a dispute after final order is passed by the employer.
That stage has not yet come. Secondly, CAT in the event of entertaining the industrial dispute, could go into the correctness of the charges, the fairness of enquiry and the quantum of punishment, if any, imposed on the petitioner. That stage also has not yet reached. Thirdly, the issuance of second show cause notice indicating the proposed punishment having been dispensed with by the Constitution (42nd Amendment) Act, 1976, the writ petition is not maintainable under Article 226 of the Constitution of India."
TNN | Nov 1, 2017, 07:29 IST
CHENNAI: The Madras high court has made it clear that employees of public sector undertaking or similar institutions defined as workmen under the provisions of the Industrial Disputes Act, cannot approach the high court directly without approaching the Central Administrative Tribunal (CAT).
Justice T Raja passed the order while dismissing a plea moved by D Inbavalli, an employee of State Bank of India (SBI), challenging the show cause notice issued to her. It was alleged that the petitioner, while serving as a special assistant in the bank's Koyambedu branch, was involved in misappropriation of Rs 1,000 belonging to a customer. Based on a complaint, the administration issued a charge memo on May 10, 2012.
Noting that the plea is not maintainable for various reasons, the judge said, "Firstly, the petition is not maintainable, for the simple reason that the petitioner being a workman under section 2(s) of the Act, has to approach the CAT, Chennai by rising a dispute after final order is passed by the employer.
That stage has not yet come. Secondly, CAT in the event of entertaining the industrial dispute, could go into the correctness of the charges, the fairness of enquiry and the quantum of punishment, if any, imposed on the petitioner. That stage also has not yet reached. Thirdly, the issuance of second show cause notice indicating the proposed punishment having been dispensed with by the Constitution (42nd Amendment) Act, 1976, the writ petition is not maintainable under Article 226 of the Constitution of India."
No comments:
Post a Comment