IN THE HIGH COURT OF KERALA AT ERNAKULAM
OP No. 5826 of 2001(R)
1. O.L.JOHN
... Petitioner
Vs
1. THE GENERAL MANAGER,EXCEL GLASSES LTD.
... Respondent
For Petitioner :SRI.V.GIRI
For Respondent :SRI.B.S.KRISHNAN (SR.)
The Hon'ble MR. Justice C.N.RAMACHANDRAN NAIR
Dated :13/03/2007
O R D E R
C.N.RAMACHANDRAN NAIR, J.
-----------------------------------
O.P. No. 5826 of 2001 R
----------------------------------------
Dated, this the 13th day of March, 2007
J U D G M E N T
The petitioner is challenging Ext.P5 award of the Labour
Court, Kollam confirming the dismissal of petitioner for gross
misconduct, by the 1st respondent. Heard counsel for the petitioner
and Standing Counsel appearing for first respondent. Petitioner
was admittedly working as a General Assistant in the Stores
Department. The allegation against the petitioner is that on
16/06/1994 when a load of cullets were weighed, petitioner did
manipulation to inflate the quantity causing loss to the
management. The matter was immediately reported by the
Security Guard to the Personnel Department before whom
petitioner is said to have made statement admitting the
misconduct. Even though petitioner later contended that petitioner
signed only blank papers, Enquiry Officer rejected petitioner’s claim
and based on evidence, he found petitioner guilty. Since the
misconduct is of serious nature, petitioner was awarded maximum
punishment of dismissal. The Labour Court upheld the findings of
guilt and punishment against which this O.P. is filed. Counsel for
the petitioner contended that petitioner was acquitted in the
O.P.No. 5826/2001
-Page numbers-
criminal case and the disciplinary proceedings also are based on
same materials.
2. The learned counsel appearing for the 1st respondent on the
other hand contended that the outcome of criminal case does not
affect disciplinary action. According to him the Labour Court rightly
found that the enquiry conducted is proper and confirmed the
dismissal order given to the petitioner. Further contention raised by
the learned counsel for the 1st respondent is that the inflation of
purchased quantity on account of manipulation by the petitioner led
to financial loss to the company though actual loss has not
happened because of timely detection by the Security Guard. I
find, enquiry was made by a reputed counsel who is a retired
Labour Court Judge. Even though his findings are based on
evidence, it is seen that the very same witness, the security guard
when examined as PW2 in the criminal case, turned hostile. There
is also controversy as to the exact mode of operation done by the
petitioner in manipulating the result of the weighing machine
because while the report given by the security officer to the
Management talks about three iron pieces used by the petitioner to
manipulate the result, the charge sheet speaks about only one iron
piece. More over, another Assistant who was also charge sheeted
along with the petitioner in the criminal case was allowed to retire
O.P.No. 5826/2001
-Page numbers-
and draw his retirement benefits. It is seen that petitioner was in
service of the 1st respondent company for 20 years prior to his
involvement in the misconduct. Even though counsel for the
management stated that petitioner caused heavy loss to the
company, no previous instance of fraud is alleged or proved. He
appears to have no black mark in his professional career for 20
years prior to his involvement in the misconduct. In the
circumstances, I feel the punishment of dismissal is
disproportionate to the gravity of the offence; more so, when the
attempt of the petitioner did not end in any actual loss to the
company on account of detection. In the circumstance, I uphold
the order of the Labour Court in regard to the findings on
misconduct, but reduce the punishment to discharge instead of
dismissal. First respondent is accordingly directed to release
terminal benefits to the petitioner treating it as a case of discharge
from service from the date of suspension onwards.
This original petition is disposed of as above.
(C.N.RAMACHANDRAN NAIR, JUDGE.)
jg