IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 30741 of 2003(I)
1. THE REGIONAL PRESIDENT, VIJAYA BANK WORK
... Petitioner
Vs
1. THE REGIONAL MANAGER, VIJAYA BANK
... Respondent
For Petitioner :SRI.M.V.MATHEW
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :05/10/2010
O R D E R
ANTONY DOMINIC, J.
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W.P.(C) No.30741 of 2003
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Dated this the 5th day of October 2010
J U D G M E N T
Petitioner Union espouses the cause of one
P.K.Surendranathan, who was a part time sweeper of the
respondent’s bank. It would appear that the issue relating
the validity of his removal from service with effect from
1.12.1997 was referred by the Government for adjudication,
vide G.O.No.L-12012188/98(B-II) dated 28.2.99.
Accordingly the reference was registered as I.D.No.11/99
on the file of the 2nd respondent Tribunal. While
adjudicating the dispute, on 3.11.2002, request made by the
Union was for adjournment to adduce evidence was
rejected by the Tribunal. Then the case was posted to
24.12.2002 for evidence of the Management. The
Management also sought adjournment and that request was
W.P.(C) No.30741 of 2003
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also rejected. Thereafter on the ground that both sides did
not adduce any evidence, the reference was closed and the
Tribunal has passed Ext.P1 Award holding that the
workmen is not entitled to any relief. In this writ petition
filed on 25.7.2003 the Union is challenging the said Award.
2. In my view, the issue relating to the removal of
the petitioner from service which occurred on 1.12.1997,
has, by lapse of time, become a stale one. Therefore, it is
not going to be advantageous for the parties to setting aside
the award and revive the dispute and to order fresh
adjudication at this distance of time. Therefore, I am not
persuaded to entertain the challenge against the award.
The writ petition fails and accordingly dismissed.
ANTONY DOMINIC, JUDGE.
Jvt