IN THE HIGH COURT OF KERALA AT ERNAKULAM
WA.No. 2870 of 2007()
1. P.B.SASI, PUTHENVEETTIL HOUSE,
... Petitioner
Vs
1. KERALA STATE BAMBOO CORPORATION,
... Respondent
2. LABOUR COURT, ERNAKULAM.
For Petitioner :SRI.PAULSON C.VARGHESE
For Respondent :SRI.B.S.KRISHNAN
The Hon'ble the Acting Chief Justice MR.J.B.KOSHY
The Hon'ble MR. Justice V.GIRI
Dated :17/02/2009
O R D E R
J.B.KOSHY, Ag.C.J & V.GIRI, J.
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W.A.NO.2870 OF 2007 ()
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Dated this the 17th day of February, 2009
J U D G M E N T
KOSHY,Ag.CJ.
Appellant/Petitioner was employed as a plant operator in
the 1st respondent’s factory. He joined service in February
1986. He was placed under suspension by order dated
5.1.1990 and he was charge sheeted for very serious
misconducts. An enquiry was conducted in accordance with
the principles of natural justice and appellant was given full
opportunity to participate in the enquiry. Enquiry Officer
found that except one charge, all other charges were proved.
The employer, after considering the findings of the Enquiry
Officer and the appellant’s explanation, imposed the
punishment of dismissal of the appellant and the dismissal was
referred for adjudication before the Labour Court. Labour
Court also found that enquiry was conducted fairly and
properly and considering the nature of misconducts proved,
Labour court found that appellant is not entitled to be
reinstated with or without backwages but converted dismissal
W.A.2870/07 2
into discharge so that he will get his gratuity and retiral
benefits if any. The learned Single Judge found that no
interference is required in the award as there is no lack of
jurisdiction or illegality in the award and the misconducts
proved in the enquiry are serious. We are of the opinion that
no grounds are made out to interfere in the impugned
judgment in an intra contra appeal. It cannot be stated that
the Labour Court was in error in converting dismissal into
discharge and not giving the benefit of reinstatement.
Before completing even four years service, appellant started
his misbehavior and such a person was not given the relief of
reinstatement considering the nature of misconducts
committed by him. We are of the opinion that no grounds are
made out to interfere in the impugned judgment, and hence,
this appeal is dismissed.
J.B.KOSHY
ACTING CHIEF JUSTICE
V.GIRI
JUDGE
prp
J.B.KOSHY & THOMAS P. JOSEPH, JJ.
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M.F.A.NO. OF 2006 ()
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J U D G M E N T
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6th November, 2008