IN THE HIGH COURT OF KERALA AT ERNAKULAM
OP.No. 30427 of 2000(V)
1. N. GOVINDAN NAIR
... Petitioner
Vs
1. SREE CHITHIRA TIRUNAL INSTITUTE
... Respondent
For Petitioner :SRI.P.RAMAKRISHNAN
For Respondent :SRI.T.R.RAVI
The Hon'ble MR. Justice S.SIRI JAGAN
Dated :30/03/2009
O R D E R
S.SIRI JAGAN, J.
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O.P.No. 30427 of 2000
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Dated this the 30th day of March, 2009
J U D G M E N T
In this original petition, the petitioner is challenging Exts.P1, P2
and P3. Ext.P1 is the report of the enquiry officer, wherein in a
domestic enquiry against the petitioner on certain allegations of
misconducts, the petitioner was found guilty. Ext.P2 is the order of
punishment of dismissal from service imposed on the petitioner with
effect from 1.7.1988. Ext.P3 is the appellate order reducing the
punishment to one of compulsory retirement with effect from
1.7.1988. The petitioner has embarked on several litigations and he
reached nowhere on merits, because of technical difficulties in the
matter of raising an industrial dispute. In the above circumstances,
since, in order to get a decision on merits, the petitioner has to again
go through the cumbersome and time consuming process of raising an
industrial dispute and getting the same adjudicated before the Labour
Court or Industrial Tribunal, the petitioner submits that if the
respondents are amenable to compulsory retirement with effect from
12.10.1989, instead of 1.7.1988, he would be satisfied by the same, in
so far as, in that case, he would become eligible for pension. I put it to
the counsel for the respondents as to whether they are amenable to
the said course of action. Today the learned counsel for the
2
respondents submits that the governing body has considered the said
suggestion and has taken a decision to treat the compulsory
retirement of the petitioner as valid with effect from 12.10.1989
instead of 1.7.1988. This is recorded. The counsel for the respondents
submits that some more time would be required for complying with the
formalities for effectuating that decision. The respondents shall
complete the formalities and pay terminal benefits due to the
petitioner, as expeditiously as possible, at any rate, within three
months from the date of receipt of a certified copy of this judgment.
The original petition is disposed of as above.
Sd/-
sdk+ S.SIRI JAGAN, JUDGE
///True copy///
P.A. to Judge
S.SIRI JAGAN, J.
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O.P.No. 30427 of 2000-V
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J U D G M E N T
30th March, 2009