State Bank vs Industrial Tribunal Kollam on 24 March, 2010

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

OP.No. 14328 of 2000(E)



1. STATE BANK
                      ...  Petitioner

                        Vs

1. INDUSTRIAL TRIBUNAL KOLLAM
                       ...       Respondent

                For Petitioner  :SRI.P.RAMAKRISHNAN

                For Respondent  :SRI.K.PRAVEEN KUMAR

The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN

 Dated :24/03/2010

 O R D E R
          THOTTATHIL B. RADHAKRISHNAN, J.
             .............................................................
               O.P.NOs.14328 & 35443 OF 2000
             .............................................................
            Dated this the 24th day of March, 2010


                             J U D G M E N T

1.These two writ petitions are filed challenging the award of

the Industrial Tribunal. The employer Bank placed its

employee under suspension and took disciplinary

proceedings on grounds relating to alleged manipulation of

documents in the course of banking business. The

disciplinary proceedings ended in finding the delinquent

guilty. He was accordingly dismissed from service. On

appropriate reference in terms of Section 10 of the

Industrial Disputes Act, 1947, the Industrial Tribunal, after

considering the materials, came to the conclusion that the

disciplinary proceedings are valid, not vitiated on any count

and that the findings are proper. However, acting under

Section 11A of the ID Act, the Tribunal converted the

punishment of removal from service to be one of discharge.

The employer Bank has filed OP.14328/2000 challenging the

OP.NOs.14328/00 & 35443/00

2

action of the Tribunal in converting the punishment to be

one of discharge. The employee has filed OP.35553/2000

challenging the refusal of the Tribunal to interfere with the

disciplinary proceedings.

2.Having considered the materials of record and having heard

the learned counsel for the parties, I don’t find any

irregularity or illegality in the Tribunal having confirmed the

disciplinary proceedings, it having been held in accordance

with the rules of procedure, natural justice and applicable

laws. In so far as the modification of the punishment from

one of removal from service to discharge is concerned, it

needs to be noticed that the Tribunal has given reasons for

bringing in such modifications and the facts and

circumstances, including the age of the delinquent, would

have persuaded the Tribunal to take such an approach on

facts, though the allegations and charges levelled and found

in the disciplinary proceedings related to banking business.

With the passage of time of more than 10 years and taking

OP.NOs.14328/00 & 35443/00

3

into consideration the entire materials on record, I do not

find it necessary for this Court to interfere in exercise of its

visitorial jurisdiction under Article 226 of the Constitution

since the decision of the Industrial Tribunal does not

demonstrate any manifest injustice, either to the employer

bank or the employee. Thus, balancing the scales of justice,

it is seen that both these writ petitions are only to be

dismissed.

In the result, these writ petitions are dismissed leaving the

parties to suffer their respective costs.

Sd/-

THOTTATHIL B. RADHAKRISHNAN,
JUDGE.

rkc/kkb.