High Court Kerala High Court

The Head vs Shri.Sivakumar Shenoy on 27 May, 2009

Kerala High Court
The Head vs Shri.Sivakumar Shenoy on 27 May, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 12410 of 2007(B)


1. THE HEAD, RE DIVISION,
                      ...  Petitioner

                        Vs



1. SHRI.SIVAKUMAR SHENOY,
                       ...       Respondent

2. CENTRAL GOVERNMENT INDUSTRIAL

                For Petitioner  :SRI.A.M.SHAFFIQUE (SR.)

                For Respondent  :SRI.K.S.MADHUSOODANAN

The Hon'ble MR. Justice S.SIRI JAGAN

 Dated :27/05/2009

 O R D E R
                               S. Siri Jagan, J.
                =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-=
                       W. P (C) No. 12410 of 2007
                =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=
                   Dated this, the 27th May, 2009.

                              J U D G M E N T

The management in I.D.No. 3/2005 before the Central

Government Industrial Tribunal-cum-Labour Court, Ernakulam is the

petitioner herein. They are challenging Ext. P1 award of the Labour

Court in that I.D. The issue referred for adjudication was:

“Whether the action of the management in reduction of one
increment with cumulative effect and also recovering transport
subsidy from his salary is correct or not? If not, to what relief the
workman is entitled?”

2. Before imposing punishment on the 1st respondent-workman,

the management chose to conduct a domestic enquiry on the

allegation of misconduct. But, in the enquiry, the enquiry officer

found the 1st respondent not guilty. But the disciplinary authority

chose to differ with the findings of the enquiry officer and found that

the 1st respondent is guilty of the misconduct and imposed a

punishment of reduction of one increment with cumulative effect and

directed to return the transport subsidy paid to the workman, the

alleged illegal drawal of which was the allegation of misconduct. An

industrial dispute was raised by the workman, which was referred

for adjudication by the Tribunal.

3. Before the Tribunal, instead of relying on the enquiry, the

management chose to adduce evidence in support of their

contentions. Accordingly, evidence was adduced by both sides and on

the basis of that evidence, the Tribunal came to the finding that there

was no material on record to find that the workman was guilty. On

that finding, the punishment was set aside and the management was

directed to refund the transport subsidy recovered from the workman.

That award is under challenge in this writ petition at the instance of

W.P.C. No. 12410/2007. -: 2 :-

the management.

4. The allegation of the management against the workman was

that for the period from 24-1-2000 to 1-12-2000, the workman was

residing at Kalamasserry. But he applied for and got payment of

Rs.468/- per month for the said period as transport subsidy on the

alleged false ground that during the relevant period, he was residing

at Kumbalangi. The management produced the voters’ list of

Kalamasserry area in which it is shown that the workman and his wife

are residing at Kalamasserry. The management produced another

document, which is a letter from a ration shop at Kalamasserry to the

effect that during the relevant period, he was availing of ration

articles from that shop. Thirdly, the management produced a report

from the Police Commissioner dated 10-7-2003. The workman also

produced four documents. One was a letter from the President of the

Kumbalangi Gram Panchayat, the second was a residence certificate

issued by the Village Office, Thrikkakkara north village, the third was

a certificate from the Village Officer of Kumbalangi and the 4th from

the Executive Officer of the Kumbalangy Grama Panchayat. The

Tribunal, for the reasons stated in the award, refused to rely on the

documents produced by the management. On the other hand, the

Tribunal found the three documents produced by the workman

reliable in support of his case. Based on that evidence, the Tribunal

found the workman not guilty. It is such a finding that is under

challenge in this writ petition at the instance of the management.

5. I have considered the rival contentions in detail.

6. At the outset, I note that what is canvassed before me is the

findings of fact entered into by the Industrial Tribunal on the

W.P.C. No. 12410/2007. -: 3 :-

evidence adduced before it. It is settled law that that this Court in

exercise of its jurisdiction under Article 226 of the Constitution of

India can interfere with such findings only if such findings are

demonstrably perverse.

7. The first document relied on by the management before the

Industrial Tribunal was the voters’ list of North Kalamasserry

Municipality for the year 2000. The Tribunal refused to rely on the

same on the ground that the details appearing in the voters’ list is

prior to 1-1-2000, whereas the period in dispute was between 24-1-

2000 to 29-11-2000. The second document is a letter issued from a

ration shop, the signatory of which had expired in 1999. Therefore,

the Tribunal refused to rely on the same also. The third one was a

report from the Police Commissioner in respect of 18 employees.

The management had requested the Police Commissioner to enquire

into the antecedents of the 18 persons. No adverse report was given

by the Police Commissioner against any of them. But, in respect of

the workman alone, there was a statement in the report that for the

period from 15-1-2000 to 1-12-2000 the workman was residing at

Kalamasserry. The Tribunal found it unreliable on the ground that

such a statement was not expected in a police verification report. The

Tribunal also found that that report was only in respect of the

workman and not in respect of any of the other 17. Further, Ext. P11

request in this regard to the Police Commissioner was issued in 13th

May, 2003, long after the period in question. On the other hand, the

President of the Kumbalangi Grama Panchayat, the Village Officer,

Thrikakkara North Village and the Village Officer, Kumbalangy

categorically certified that the workman was residing at Kumbalangi

W.P.C. No. 12410/2007. -: 4 :-

during the relevant period. Those documents were relied on by the

Tribunal. From a reading of the reasoning given by the Tribunal, I am

unable to find any perversity whatsoever in those findings, without

which I would not be justified in interfering with such findings.

Therefore, I do not find any merit in the contentions in the writ

petition and accordingly, the writ petition is dismissed.

Sd/- S. Siri Jagan, Judge.

Tds/