High Court Kerala High Court

V.G. Balakrishnan vs Central Governent Industrial Cum on 27 January, 2009

Kerala High Court
V.G. Balakrishnan vs Central Governent Industrial Cum on 27 January, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WA.No. 121 of 2009()


1. V.G. BALAKRISHNAN,
                      ...  Petitioner

                        Vs



1. CENTRAL GOVERNENT INDUSTRIAL CUM
                       ...       Respondent

2. THE CHAIRMAN,

                For Petitioner  :SRI.T.M.ABDUL LATHEEF

                For Respondent  : No Appearance

The Hon'ble the Acting Chief Justice MR.J.B.KOSHY
The Hon'ble MR. Justice V.GIRI

 Dated :27/01/2009

 O R D E R
                   J.B.KOSHY, Ag.C.J. & V.GIRI, J.
                      --------------------------------------
                         W.A.No.121 of 2009
                      -------------------------------------
                      Dated 27th January, 2009

                               JUDGMENT

Koshy, Ag.C.J.

Appellant/petitioner was employed in the Federal

Bank Limited. He was dismissed for serious misconducts. The issue

regarding dismissal was referred to the Labour Court as an Industrial

Dispute. The Labour Court considered the matter in its entirety. It is

admitted that enquiry was conducted in accordance with the natural

justice. Workman was given full freedom to participate in the enquiry

and misconducts were also proved. Though Labour Court is vested

with powers for interfering with the punishment on cogent reasons,

the Labour Court found that misconducts proved are very serious.

He was a habitual absentee. Considering all these, the Labour Court

did not grant any relief. Learned Judge also stated that issuance of

cheques which are bounced by a bank employee without sufficient

funds in the account will affect the image of the bank and he has a

habit of issuing cheques to third parties including customers of the

bank after borrowing money without sufficient money in his account.

Earlier also he was dismissed for habitual absence and in appeal he

was reinstated with a lesser punishment. Taking all these

W.A.121/2009 2

circumstances into account, learned Judge found that no grounds are

made out to interfere with the award of the Labour Court under

Article 226 or 227 of the Constitution of India. We see no ground to

interfere with the matter in an intra court appeal.

The appeal is dismissed.

J.B.KOSHY
ACTING CHIEF JUSTICE

V.GIRI
JUDGE

tks