High Court Kerala High Court

P.B.Sasi vs Kerala State Bamboo Corporation on 17 February, 2009

Kerala High Court
P.B.Sasi vs Kerala State Bamboo Corporation on 17 February, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WA.No. 2870 of 2007()


1. P.B.SASI, PUTHENVEETTIL HOUSE,
                      ...  Petitioner

                        Vs



1. KERALA STATE BAMBOO CORPORATION,
                       ...       Respondent

2. LABOUR COURT, ERNAKULAM.

                For Petitioner  :SRI.PAULSON C.VARGHESE

                For Respondent  :SRI.B.S.KRISHNAN

The Hon'ble the Acting Chief Justice MR.J.B.KOSHY
The Hon'ble MR. Justice V.GIRI

 Dated :17/02/2009

 O R D E R
             J.B.KOSHY, Ag.C.J & V.GIRI, J.
                 -------------------------------
                W.A.NO.2870 OF 2007 ()
               -----------------------------------
       Dated this the 17th day of February, 2009

                     J U D G M E N T

KOSHY,Ag.CJ.

Appellant/Petitioner was employed as a plant operator in

the 1st respondent’s factory. He joined service in February

1986. He was placed under suspension by order dated

5.1.1990 and he was charge sheeted for very serious

misconducts. An enquiry was conducted in accordance with

the principles of natural justice and appellant was given full

opportunity to participate in the enquiry. Enquiry Officer

found that except one charge, all other charges were proved.

The employer, after considering the findings of the Enquiry

Officer and the appellant’s explanation, imposed the

punishment of dismissal of the appellant and the dismissal was

referred for adjudication before the Labour Court. Labour

Court also found that enquiry was conducted fairly and

properly and considering the nature of misconducts proved,

Labour court found that appellant is not entitled to be

reinstated with or without backwages but converted dismissal

W.A.2870/07 2

into discharge so that he will get his gratuity and retiral

benefits if any. The learned Single Judge found that no

interference is required in the award as there is no lack of

jurisdiction or illegality in the award and the misconducts

proved in the enquiry are serious. We are of the opinion that

no grounds are made out to interfere in the impugned

judgment in an intra contra appeal. It cannot be stated that

the Labour Court was in error in converting dismissal into

discharge and not giving the benefit of reinstatement.

Before completing even four years service, appellant started

his misbehavior and such a person was not given the relief of

reinstatement considering the nature of misconducts

committed by him. We are of the opinion that no grounds are

made out to interfere in the impugned judgment, and hence,

this appeal is 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