IN THE HIGH COURT OF KERALA AT ERNAKULAM
WA.No. 2318 of 2005()
1. LOHIDAKSHAN E.P.,
... Petitioner
Vs
1. LOKAMALESWARAM SERVICE CO-OPERATIVE
... Respondent
2. LABOUR COURT, ERNAKULAM.
For Petitioner :SRI.C.ANIL KUMAR
For Respondent :GOVERNMENT PLEADER
The Hon'ble the Acting Chief Justice MR.J.B.KOSHY
The Hon'ble MR. Justice P.R.RAMACHANDRA MENON
Dated :09/01/2009
O R D E R
J.B. Koshy,Ag.C.J. & P.R.Ramachandra Menon, J.
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W.A.Nos.2318 & 2329 of 2005
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Dated this the 9th day of January, 2009
Judgment
Koshy,Ag.C.J.
In these two cases, two employees of the Co-operative
Bank were charge-sheeted for serious misconducts. It is the case that
false documents were created to show that applications were made for
loan by two members and voucher was prepared in their name and
loan was disbursed. Actually, applications were not made by those two
members and amount was not paid to them. Enquiry was conducted
and it was found that the appellants are guilty. Since all the
departmental appeals were also went against them, they approached
the Labour Court. The Labour Court found that enquiry was not proper
and, therefore, the misconduct has to be proved before the court.
Hence, evidence was adduced before the Labour Court. One of the
shareholders on whose name false applications and vouchers were
made was also examined as MW4 before the Labour Court. Eight
witnesses were examined on the side of the management. Apart from
the charge-sheeted employee, two witnesses were examined on the
side of the workman. After considering the evidence, Labour Court
W.A.Nos.2318 & 2329/2005 2
independently found that serious charges levelled against them
including misappropriation were proved beyond doubt. But, the
Labour Court converted the punishment of dismissal into one of
discharge from service and granted relief by exercising the powers
under section 11A of the Industrial Disputes Act. The learned Judge
found that the Labour Court has rightly concluded that the appellants
are guilty and no interference is required in the award at the instance
of the employees. After going through the award, we are of the view
that the award of the Labour court is not perverse or illegal warranting
interference by this Court under articles 226 or 227 of the Constitution
of India. We fully agree with the views of the learned single Judge.
Both the writ appeals are dismissed.
J.B.Koshy
Acting Chief Justice
P.R.Ramachandra Menon
Judge
vaa
J.B. KOSHY, Ag.C.J. AND
P.R.RAMACHANDRA
MENON,J.
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W.A.No. /2006
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Judgment
Date:9th January, 2009