High Court Kerala High Court

V.Natarajan vs State Bank Of Travancore on 24 July, 2009

Kerala High Court
V.Natarajan vs State Bank Of Travancore on 24 July, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 18613 of 2009(V)


1. V.NATARAJAN,
                      ...  Petitioner

                        Vs



1. STATE BANK OF TRAVANCORE,
                       ...       Respondent

2. DEPUTY GENERAL MANAGER,

3. ASSISTANT GENERAL MANAGER,

                For Petitioner  :SRI.P.S.RAMESH KUMAR

                For Respondent  :SRI.P.RAMAKRISHNAN

The Hon'ble MR. Justice V.GIRI

 Dated :24/07/2009

 O R D E R
                             V.GIRI, J.
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                   W.P.(C). No. 18613 OF 2009

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               Dated this the 24th day of July 2009.


                            JUDGMENT

Disciplinary proceedings were taken against the petitioner

while he was in the service of the State Bank of Travancore for

unauthorized absence from duty. He was discharged from the

service of the Bank with superannuation benefits and without

disqualification for future employment.

2. Since the petitioner was a workman, he availed the

remedy under the Industrial Disputes Act. The validity of the

proceedings taken against him was referred as an issue and

numbered as ID 20/2007 before the Central Government

Industrial Tribunal-cum-Labour Court, Ernakulam. Petitioner

filed Ext.P1 claim petition. Respondents filed written statement

and the petitioner filed reply as well. But the petitioner and

Counsel were not present when the matter was posted for

evidence and hence by Ext.P4, the Tribunal passed an ex parte

award finding that the action of the management in discharging

the workman from the services of the State Bank of Travancore

W.P.(C). No. 18613 OF 2009
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was legal and justified. Ext.P4 has been challenged in this writ

petition.

3. A statement has been filed on behalf of the respondents

1 and 2. It is contended therein that the petitioner has been

guilty of negligence and latches in prosecuting the case before

the Enquiry Officer and the Labour Court.

4. I heard learned Counsel for the petitioner Mr. Ramesh

Kumar and Mr.P.Ramakrishnan, learned Counsel for the

respondents. It is true that there has been latches on the part of

the petitioner in prosecuting his claim before the Labour Court.

But on an over all appreciation of the facts and circumstances

and considering the fact the petitioner who has been discharged

from service has been fighting a battle for quite some years now,

I am of the view that it is appropriate that he may be granted an

opportunity to contest his case with merits. I heard

Mr. Ramakrishnan on this aspect also.

5. In the result, Ext.P4 is set aside and ID No.20/2007 is

restored to the file of the Central Government Industrial

Tribunal-cum-Labour Court, Ernakulam. The petitioner shall not

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3

seek adjournment unnecessarily but shall extend maximum

co-operation for an early disposal of the case. The court below

shall pass a revised award in ID No.20/2007 within 4 months

from the date of receipt of a copy of this judgment.

Writ petition is disposed of as above.

(V.GIRI)
JUDGE

kkms/