IN THE HIGH COURT OF KERALA AT ERNAKULAM
WA.No. 1861 of 2008()
1. THE REGIONAL MANAGER,
... Petitioner
Vs
1. M.G.SUJATHA, MANICHAKATHU HOUSE,
... Respondent
2. THE INDUSTRIAL TRIBUNAL, KOLLAM.
For Petitioner :SRI.V.M.KURIAN
For Respondent :SRI.H.B.SHENOY
The Hon'ble the Chief Justice MR.S.R.BANNURMATH
The Hon'ble MR. Justice A.K.BASHEER
Dated :16/09/2009
O R D E R
S.R. Bannurmath, C.J. & A.K. Basheer, J.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
W.A.No. 1861 OF 2008
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Dated this the 16th day of September, 2009
JUDGMENT
S.R.Bannurmath, C.J.
Aggrieved by the conformation of the award by the
learned Single Judge, the Management Bank has approached
this Court in the present appeal.
2. Respondent No.1 workman who was working as
sweeper with the Management for more than 240 days was
aggrieved by the termination of her service by way of
retrenchment and approached the Industrial Tribunal. After
giving opportunity to both sides and considering the material
records produced, the Tribunal through the impugned award
found that the Management Bank has not produced all the
documents necessary for adjudication including those
requested by the workman and as such drawing adverse
inference and even otherwise finding that the workman has
established that she had worked for more than 240 days,
passed the impugned award holding that the action of the
Management in terminating the services of the workman is
illegal and as such directed the Management to reinstate her
WA No.1861 of 2008
-:2:-
in service with continuity of service and 50% of back wages.
3. Aggrieved by the same, the Management approached
this Court. In the impugned judgment the learned Single Judge
has taken into consideration all the facts once again and on
re-appreciation of the entire materials, affirmed the award. So
far as the question of delay as alleged by the Management is
concerned, though the Tribunal awarded entire back wages, the
learned Single Judge has deemed it proper in the facts and
circumstances of the case and because of the delay, restrict the
back wages to 50% as against the full back wages awarded by
the Tribunal.
We find that there are absolutely no grounds made out to
hold that the judgment of the learned Single Judge is either
arbitrary, illegal or perverse. Hence we find no merit in the
appeal and the same is rejected.
S.R. Bannurmath,
Chief Justice.
A.K. Basheer,
Judge.
ttb
WA No.1861 of 2008
-:3:-