Petitioner, a part time sweeper dismissed for misappropriation, challenged the Labour Court's award under writ jurisdiction. The Court held that misappropriation destroys banking trust, justifying dismissal. The writ petition was dismissed.
Writ petition dismissed. No costs awarded to parties.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
MONDAY, THE 21ST DAY OF NOVEMBER 2016/30TH KARTHIKA, 1938
WP(C).No. 4698 of 2007 (H)
PETITIONER:
S.LATHA, PUTHUVAL PATTANAM VEEDU, PARASALA P.O., THIRUVANANTHAPURAM.
BY ADVS.SRI.C.ANIL KUMAR SMT.BINDHYA JOSE SMT.A.K.PREETHA
RESPONDENT(S):
1. CENTRAL GOVERNMENT INDUSTRIAL TRIBUNALCUM-LABOUR COURT, ERNAKULAM, KOCHI-14.
2. THE GENERAL MANAGER, THE SOUTH INDIAN BANK LTD., HEAD OFFICE, THRISSUR.
R1 BY SRI.N.NAGARESH, ASSISTANT SOLICITOR GENERAL ADV. SRI.DEEPU THANKAN R2 BY SRI.M.PATHROSE MATTHAI (SENIOR ADVOCATE) ADV. SRI.SAJI VARGHESE BY SRI.K.PRABHAKARAN, SC
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21-11-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C).No. 4698 of 2007 (H)
APPENDIX
PETITIONERS' EXHIBITS:
RESPONDENTS' EXHIBITS: NIL.
//TRUE COPY//
P.S. TO JUDGE
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A.MUHAMED MUSTAQUE, J.
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W.P.(C).No.4698 of 2007
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Dated this the 21st day of November, 2016
J U D G M E N T
This writ petition is filed by a Part Time Sweeper, who was dismissed from service of the South Indian Bank, Parassala Branch, questioning preliminary order passed in I.D.No.1 of 2002 by the Labour Court, Kollam and the final award passed in I.D.No.121 of 2006 by the first respondent/tribunal. The issue referred for adjudication is as follows:
“Whether the action of the management of the South Indian Bank Ltd., Parassala Branch, Thrissur in dismissing Smt.S.Latha, Part Time Sweeper from services with effect from 08.06.2001 is justified? If not, what relief the applicant is entitled?”
W.P.(C).No.4698/2007
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that the worker was guilty of all charges. After issuing show cause notice, she was dismissed from service with effect from 8.6.2001. By preliminary order dated 7.3.2006, the labour court found that the enquiry was valid and sustainable and thereafter by award dated 12.10.2006, the Tribunal found that dismissal of the worker from service was legal, proper and justified. The above order and award are challenged in this writ petition.
W.P.(C).No.4698/2007
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invoke remedy under Article 226 of the Constitution to upset the fact finding by the domestic enquiry officer and as affirmed by the labour court.
A.MUHAMED MUSTAQUE, JUDGE
ms
3 issues framed by the court
Whether the dismissal of a part time sweeper for misappropriation of cheque funds via established case law is a fit subject for judicial review.
Whether the findings of the Labour Court regarding the validity of the enquiry and the imposition of dismissal require interference.
Whether the punishment of dismissal for misappropriation banking funds is legally justified.
S.Latha
Central Government Industrial Tribunalcum-Labour Court, Ernakulam, Kochi-14
The General Manager, The South Indian Bank Ltd., Head Office, Thirssur
A.Muhamed Mustaque
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
