High Court Kerala High Court

Francis Forgia Morais vs State Bank Of India on 26 March, 2008

Kerala High Court
Francis Forgia Morais vs State Bank Of India on 26 March, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 18941 of 2003(E)


1. FRANCIS FORGIA MORAIS, TC 71/252,
                      ...  Petitioner

                        Vs



1. STATE BANK OF INDIA, REP. BY CHIEF
                       ...       Respondent

2. DY.GENERAL MANAGER & DISCIPLINARY

3. V.JACOB VARGHESE, MANAGER/ENQUIRY

4. KRISHNAKUMAR.K., BRANCH MANAGER/

5. THE GENERAL MANAGER(SOUTH KERALA) &

                For Petitioner  :SMT.V.P.SEEMANDINI (SR.)

                For Respondent  :SRI.P.V.SURENDRANATH

The Hon'ble MR. Justice A.K.BASHEER

 Dated :26/03/2008

 O R D E R

A.K. Basheer, J.

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W.P (C).No. 18941 of 2003

– – – – – – – – – – – – – – – – – – – – – – – – – –

Dated this the 26th day of March, 2008.

Judgment

Having heard learned counsel for the parties and having

perused the entire materials available on record, I am of the view

that this is not a fit case to be dealt with by this Court in exercise of

its discretionary jurisdiction under Article 226 of the Constitution

of India. Petitioner has to necessarily approach the authority

constituted under the Industrial Disputes Act.

2. Smt.Seemandini learned counsel for the petitioner submits

that the petitioner is prepared to do so but the only anxiety of the

petitioner is that it may be a time consuming process. She prays that

an appropriate direction may be issued to the authority concerned to

give an expeditious quietus to the issue, since the petitioner has

been kept out of service for the last more than 5 years. If the

petitioner makes a motion in this regard before the authority

concerned, it shall be ensured that the matter is dealt with and final

orders are passed as expeditiously as possible. It is made clear that I

have not considered the merit of any of the contentions raised by the

petitioner. It will be open to him to urge all his contentions before

the statutory forum.

Writ Petition is closed in the above terms.

A.K. Basheer

Judge.

an.