High Court Kerala High Court

The General Secretary vs The Court Of Industrial Tribunal on 4 February, 2009

Kerala High Court
The General Secretary vs The Court Of Industrial Tribunal on 4 February, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 36149 of 2008(C)


1. THE GENERAL SECRETARY
                      ...  Petitioner

                        Vs



1. THE COURT OF INDUSTRIAL TRIBUNAL,IDUKKI
                       ...       Respondent

2. THE MANAGER,

                For Petitioner  :SMT.A.K.PREETHA

                For Respondent  :SRI.E.K.NANDAKUMAR

The Hon'ble MR. Justice S.SIRI JAGAN

 Dated :04/02/2009

 O R D E R
                                 S. Siri Jagan, J.
                 =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-=
                        W. P (C) No. 36149 of 2008
                 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=
                   Dated this, the 4th February, 2009.

                                J U D G M E N T

The petitioner challenges Ext. P1 award passed by the Industrial

Tribunal, Idukki in I.D.No. 73/2006. The petitioner is the Union in

that I.D. The issue referred for adjudication was:

“Whether the dismissal of Shri. Jnanamuthu, C.R.No. 5903
and Shri. Velu, C.R.No. 2241 by the management of Harrisons
Malayalam Ltd., Moongalar estate is justifiable? If not what are
the relief they are entitled to.”

Since the dismissal of the workmen was after conducting an enquiry,

the Tribunal considered the validity of the enquiry as a preliminary

point and found that the enquiry was conducted validly and properly.

Thereafter, the Tribunal considered whether the findings are

supported by evidence on record. The Tribunal found that also in

favour of the management. Since the misconducts proved were

serious enough to warrant the punishment imposed by the

management, the Tribunal upheld the punishment also and held that

the workmen are not entitled to any relief. That award is under

challenge before me.

2. The challenge is only on the ground that findings are not

supported by evidence. A contention is raised before me to the

effect that the Tribunal had not considered the evidence properly as is

clear from the award, wherein there is no discussion of the evidence

adduced in the enquiry. In the circumstances, I directed the

petitioner to produce the copy of the enquiry proceedings . Pursuant

thereto, the petitioner has produced a copy of the enquiry file as

produced before the Tribunal. I have gone through the entire enquiry

proceedings including the evidence adduced. Five witnesses were

examined by the management including the victim of the assault by

W.P.C. No. 36149/2008. -: 2 :-

the workman which was the charge against the workmen. All of them

described in graphic detail the entire incident as seen by them.

Evidence regarding treatment of the victim in hospital was also

produced. The workmen were found guilty on the basis of such

cogent evidence of eye witnesses to the entire incident. In spite of

rigorous cross examination of the witnesses the evidence of the

witnesses could not be shaken. The workmen did not adduce any

evidence in defence. It is on the basis of that evidence, the enquiry

officer had found the petitioners guilty of the misconducts, which

finding was upheld by the Tribunal in the award. As such, I do not

find any merit in the contention that the findings are in any way

perverse. On the other hand, I am of opinion that there was sufficient

positive evidence on record to show that the workmen were guilty of

the misconducts alleged against them. Therefore, I do not find any

infirmity in the findings of the Tribunal that the findings of the

enquiry officer are supported by evidence on record.

3. The misconducts involve assaulting and injuring a superior

officer. That certainly qualifies for the extreme punishment of

dismissal from service, which only has been imposed on the

workmen. As such, there is no infirmity in the award. Accordingly,

the writ petition is dismissed.

Sd/- S. Siri Jagan, Judge.

Tds/

[True copy]

P.S to Judge.