IN THE HIGH COURT OF KERALA AT ERNAKULAM
WA.No. 121 of 2009()
1. V.G. BALAKRISHNAN,
... Petitioner
Vs
1. CENTRAL GOVERNENT INDUSTRIAL CUM
... Respondent
2. THE CHAIRMAN,
For Petitioner :SRI.T.M.ABDUL LATHEEF
For Respondent : No Appearance
The Hon'ble the Acting Chief Justice MR.J.B.KOSHY
The Hon'ble MR. Justice V.GIRI
Dated :27/01/2009
O R D E R
J.B.KOSHY, Ag.C.J. & V.GIRI, J.
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W.A.No.121 of 2009
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Dated 27th January, 2009
JUDGMENT
Koshy, Ag.C.J.
Appellant/petitioner was employed in the Federal
Bank Limited. He was dismissed for serious misconducts. The issue
regarding dismissal was referred to the Labour Court as an Industrial
Dispute. The Labour Court considered the matter in its entirety. It is
admitted that enquiry was conducted in accordance with the natural
justice. Workman was given full freedom to participate in the enquiry
and misconducts were also proved. Though Labour Court is vested
with powers for interfering with the punishment on cogent reasons,
the Labour Court found that misconducts proved are very serious.
He was a habitual absentee. Considering all these, the Labour Court
did not grant any relief. Learned Judge also stated that issuance of
cheques which are bounced by a bank employee without sufficient
funds in the account will affect the image of the bank and he has a
habit of issuing cheques to third parties including customers of the
bank after borrowing money without sufficient money in his account.
Earlier also he was dismissed for habitual absence and in appeal he
was reinstated with a lesser punishment. Taking all these
W.A.121/2009 2
circumstances into account, learned Judge found that no grounds are
made out to interfere with the award of the Labour Court under
Article 226 or 227 of the Constitution of India. We see no ground to
interfere with the matter in an intra court appeal.
The appeal is dismissed.
J.B.KOSHY
ACTING CHIEF JUSTICE
V.GIRI
JUDGE
tks