Documenti di Didattica
Documenti di Professioni
Documenti di Cultura
D.G.VAISHNAV COLLEGE
NAME : Monisha.M
ROLL NO. : 132460
SUBJECT: LABOUR WELFARE
FACULTY: Prof.C.Thilaga
DATE : 10/08/13
Behaviour
Increasing aggression
Self-disclosure
Sexual
adventuresomeness
Work Place
Fatal accidents
Injuries
Accident rates
Absenteeism
Extra sick leave
Loss of production
4 Tardiness/sleep
ing on the job
Crimes
Poor decision
making
Loss of efficiency
Lower morale of
co-workers
The respondent, aggrieved by the dismissal order, filed O.A. before the Tamil Nadu
Administrative Tribunal, Chennai. While the O.A. was pending before the Tribunal, the
Judicial Magistrate, Tenkasi rendered the judgment on 20.11.2000 acquitting the
respondent of all the charges. The judgment of the Criminal Court was brought to the
notice of the Tribunal and it was submitted that, on the same set of facts, the delinquent
be not proceeded within the departmental proceeding.
The Tribunal noticed that both, husband and wife, deposed before the Enquiry Officer
that the respondent had committed the offence, which was supported by the other
prosecution witnesses, including the two policemen who took the respondent in custody
from the place of incident. Consequently, the Tribunal took the view that no reliance
could be placed on the judgment of the criminal court. The O.A. was accordingly
dismissed by the Tribunal vide order dated 23.3.2004. The order was challenged by the
respondent in a Writ Petition before the High Court of Madras. The High Court took the
view that if a criminal case and departmental proceedings against an official are based on
the same set of facts and evidence and the criminal case ended in an honourable acquittal
and not on technical grounds, imposing punishment of removal of the delinquent official
from service, based on the findings of domestic enquiry would not be legally sustainable.
The High Court also took the view that the version of the doctor and certificate issued by
him, could not be considered as sufficient material to hold the respondent guilty and that
he had consumed alcohol, but was found normal and had no adverse influence of alcohol.
The High Court, therefore, allowed the writ petition and set aside the impugned order
dismissing him from service. It was further ordered that the respondent be reinstated with
continuity of service forthwith, with back wages from the date of acquittal in the criminal
case, till payment.
REFERENCE
1. http://ncadd.org/learn-about-alcohol/workplace/204-workplace
2. http://www.healthcare-in-india.net/public-health-2/how-alcoholism-is-creating-a-socioeconomic-problem-in-india/
3. http://alcoholism.about.com/od/work/a/bles050920.htm
4. http://en.wikipedia.org/wiki/Alcoholism
5. http://www.ncbi.nlm.nih.gov/pmc/articles/PMC2442454/
6. http://www.nytimes.com/health/guides/disease/alcoholism/causes.html
7. http://www.sciencedaily.com/releases/2010/01/100127164011.htm
8. http://www.medicalnewstoday.com/releases/11160.php
9. http://www.who.int/substance_abuse/activities/gsrhua/en/
10. http://www.cipd.co.uk/NR/rdonlyres/0731B5C2-3AAA-4A40-b80D25521BDBA23A/0/mandrgalcmisusesr.pdf
11. http://www.samhsa.gov/data/2k7/industry/worker.htm
12. http://www.vwa.vic.gov.au/__data/assets/pdf_file/0009/9864/alcohol_workplace.pdf
13. http://www.indiankanoon.org/doc/193665812/
14. http://www.rehabs.com/about/the-addiction-rehabilitation-process/
15. https://www.google.co.in/?
gfe_rd=cr&ei=VnvfU_m3HM_M8gfzyoDYAg&gws_rd=ssl#q=rehabilitation+meaning