IN THE HIGH COURT OF KERALA AT ERNAKULAM
WA.No. 426 of 2009()
1. M.THARANATHAN NAIR
... Petitioner
Vs
1. THE MUNDELA SERVICE CO-OPERATIVE BANK
... Respondent
2. THE LABOUR COURT, KOLLAM.
For Petitioner :SRI.KRB.KAIMAL (SR.)
For Respondent : No Appearance
The Hon'ble the Acting Chief Justice MR.J.B.KOSHY
The Hon'ble MR. Justice V.GIRI
Dated :03/03/2009
O R D E R
J.B.KOSHY, Ag.C.J & V.GIRI, J.
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W.A.NOS.426 & 475 OF 2009 ()
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Dated this the 3rd day of March, 2009
J U D G M E N T
KOSHY,Ag.CJ.
Appellant in W.A.No.426/2009 is the 1st respondent in
W.A.No.475/2009. While the appellant was working as an
Accountant in the Bank, he was suspended pending enquiry
for various charges. The charges levelled against him is that
his work as a Recovery Officer was not proper and he refused
to do the work allotted to him. In fact dereliction of duty was
the charge against him. There was no allegation of
misappropriation. Misconducts were proved in a properly
conducted domestic enquiry. He was compulsorily retired
from service. Issue regarding his compulsory retirement was
referred to the Labour Court. Labour Court found that
misconducts were proved and enquiry was conducted fairly
and properly. But however, Labour Court also analysed the
evidence adduced before it and found that the punishment
W.A.NOS.426 & 475 OF 2009
2
imposed was harsh. According to the Labour Court, there was
political differences between the management of the Society
and the workman and such political difference is the main
reason for imposing such a heavy punishment for misconducts
and dereliction of duty. Punishment of compulsory retirement
was set aside but he was not reinstated as an Accountant. He
was only reinstated as junior most senior clerk and he was not
given any backwages or increment in the period he was out of
service. He was compulsorily retired on 31.10.1993. Award
of the Labour court was on 29.11.2002. On the basis of the
award, he will lose nine years full backwages as well as his
promotional benefits. Following is the operative portion of
the Labour court award:
1. The Punishment of compulsory retirement
of the workman from service is set aside.
2. The management is directed to reinstate
the workman in service in the rank of the
junior most senior clerk.
3. The workman will not be entitled to any
backwages or increments during the period in
which he was kept out of service.
W.A.NOS.426 & 475 OF 2009
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4. The workman will be deemed to have been
in continuous service without any break for
the purpose of computing his retirement
benefits.
Under Section 11A of the Industrial Disputes Act, in the case
of dismissal or discharge of duties, Labour court has got
power to interfere with the punishment and make appropriate
relief if the punishment is shockingly disproportionate. The
Labour court has considered the matter and found that for
misconducts, compulsory retirement or termination of service
is highly excessive. At the same time, it is also noted that he
has got political connections and he was a social worker.
Taking all these relevant circumstances and nature of gravity
of misconducts, the relief was granted. The Labour court
has got power to reinstate the appellant with backwages. The
power exercised by the Labour court is within its jurisdiction.
In the absence of any jurisdictional error or patent error
apparent on the face of the record, the learned Singe Judge
upheld the award rejecting the attack made by the
management as well as the workmen. On going through the
award, we fully agree with the learned Single Judge that the
W.A.NOS.426 & 475 OF 2009
4
Labour Court has exercised jurisdiction correctly. No
grounds are made out to interfere in the impugned judgment.
We are not repeating the reasoning given by the learned
Single Judge as we fully agree with the views of the learned
Single Judge. Hence both writ appeals are dismissed.
J.B.KOSHY
ACTING CHIEF JUSTICE
V.GIRI
JUDGE
prp
J.B.KOSHY & THOMAS P. JOSEPH, JJ.
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M.F.A.NO. OF 2006 ()
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J U D G M E N T
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6th November, 2008