The Kerala High Court dismissed this writ petition challenging the management's decision to treat the petitioner's period out of service as Leave Without Allowance. The court held the decision was within the management's exclusive discretion.
The writ petition was dismissed as devoid of merit with no costs awarded.
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 K.VINOD CHANDRAN
THURSDAY, THE 21ST DAY OF JANUARY 2016/1ST MAGHA, 1937
WP(C).No. 7746 of 2005 (V)
PETITIONER(S):
B.M.UMAIBAN, W/O.RAWTHAR, BANGLAW B PARAMBIL, COLLEGE P.O. MANNARGHAT, PALAKKAD DIST. RTD.PEON, M.E.S.KALLADI COLLEGE, MANNARKKAD.
BY ADV. SRI.BIJU ABRAHAM
RESPONDENT(S):
1. THE CORRESPONDENT AND CHAIRMAN, STANDING COMMITTEE ON M.E.S. COLLEGE, KOZHIKODE 1.
2. THE DEPUTY DIRECTOR OF COLLEGIATE, KOTTAYAM.
3. THE PRINCIPAL, M.E.S. KALLADI COLLEGE, MANNARKKAD, PALAKKAD DIST.
R,R1 BY ADV. SRI.A.A.ABUL HASSAN R,R3 BY ADV. SRI.A.A.ABUL HASSAN R BY GOVERNMENT PLEADER SMT. SUNITHA VINOD
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21-01-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 7746 of 2005 (V)
APPENDIX
PETITIONERS EXHIBITS:
EXT.P3 COPY OF THE ORDER OF THE 1ST RESPONDENT DATED 8.6.93 EXT.P4 COPY OF THE ORDER DATED 26.10.94 OF THE 3RD RESPONDENT. EXT.P5 COPY OF THE JUDGMENT IN OP NO. 7808/93 DATED 29.9.97.
RESPONDENTS EXHIBITS: NIL
// TRUE COPY //
P.A TO JUDGE
SB
K. VINOD CHANDRAN, J.
===================== W.P.(C) No.7746 of 2005 - V
====================== Dated this the 21st day of January, 2016
J U D G M E N T
The petitioner, a peon, is before this Court, challenging Ext.P1 order of the 1st respondent. The brief facts required to be noticed for the disposal of the writ petition are that the petitioner was proceeded against for unauthorised absence and tampering of records; which concluded in imposition of a punishment of dismissal. The petitioner approached the Labour Court and the Labour Court interfered with the punishment under Section 11A of the Industrial Disputes Act, 1947, directing reinstatement with full back wages. The petitioner was reinstated and the management had filed an original petition against the award of the Labour Court. The original petition was disposed of by Ext.P5. The findings of
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W.P.(C) No.7746 of 2005 - V
misconduct were affirmed, but the punishment imposed was modified insofar as the denial of back wages for the period, the petitioner was out of service. The order of reinstatement was not interfered with.
the High Court. What remains was the consideration of how the period, when the petitioner was kept out of service had to be treated. That is within the exclusive discretion of the
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W.P.(C) No.7746 of 2005 - V
management. The management had properly exercised its discretion in considering the period as Leave Without Allowance.
The writ petition is found to be devoid of merit and
the same would stand dismissed. No costs.
Sd/-
K. VINOD CHANDRAN, JUDGE
SB/22/01/2016
// true copy //
P.A to Judge.
2 issues framed by the court
Whether the management could treat the period when the petitioner was out of service as Leave Without Allowance after the Labour Court awarded reinstatement.
Whether the decision treating the out-of-service period as Leave Without Allowance was within the exclusive discretion of the management.
B.M.UMAIBAN
THE CORRESPONDENT AND CHAIRMAN, STANDING COMMITTEE ON M.E.S. COLLEGE, KOZHIKODE
THE DEPUTY DIRECTOR OF COLLEGIATE, KOTTAYAM
THE PRINCIPAL, M.E.S. KALLADI COLLEGE, MANNARKKAD
K. VINOD CHANDRAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
