Management, Hyundai Motor India Limited Vs Mr. K. Muthukumar (Madras High Court)
The case concerns a dispute between a company and its employee, Mr. K. Muthukumar, over dismissal due to unauthorized absence. Employed since 1999, the respondent was absent for over 200 days between February and May 2014. Following multiple domestic inquiries conducted in line with principles of natural justice, the employee was found guilty of misconduct under the company’s Certified Standing Orders. After previous warnings and suspensions, he was dismissed in September 2014. The company sought approval for the dismissal under Section 33(2)(b) of the Industrial Disputes Act. While the Industrial Tribunal acknowledged the fairness of the inquiries, it rejected the approval application, stating the punishment was disproportionate. The company contested this decision, arguing that the Tribunal lacked authority to review the penalty under Section 11A, which applies only to disputes adjudicated under Section 10. The Madras High Court upheld the company’s stance, referencing a Supreme Court judgment that limits the Tribunal’s jurisdiction in such matters. The court ruled that the Tribunal erred in interfering with the punishment and approved the dismissal.
FULL TEXT OF THE JUDGMENT/ORDER OF MADRAS HIGH COURT
Writ petition is filed challenging the order dated 25.01.2019 in A.P.No.44 of 2014 on the file of the Presiding Officer, Industrial Tribunal, Tamil Nadu, Chennai.
