Allowed

Bharat Petroleum Corporation Ltd. v. P.N.Surendran Nair

Kerala HC17 Jun 2022WP(C)/30243/2021

Case brief

AI extract

What is this about?

Single judge quashed Labour Court awards dismissing two writ petitions. In one, set aside award interfering with withholding of increments where No discharge/dismaking occurred. In other, set aside reinstatement and back wages award, converting it to compensation due to deep discord and lack of independent evidence.

What did the court decide?

Award Ext P12 set aside. Award Ext P19 set aside and converted to compensation of Rs. 25 lakhs with no reinstatement or back wages.

Bharat Petroleum Corporation Ltd. Vs P.N.Surendran Nair — Service and Employment | Kerala HC (2022)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

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THE HONOURABLE MR. JUSTICE AMIT RAWAL

¶4

FRIDAY, THE 17TH DAY OF JUNE 2022 / 27TH JYAISHTA, 1944
WP(C) NO. 30243 OF 2021

¶5

PETITIONERS:

¶6

1BHARAT PETROLEUM CORPORATION LTD.
BHARAT BHAVAN 4 AND 6, CURRIMBHOY ROAD,
BALLARD ESTATE, PB NO 688 MUMBAI, MAHARASHTRA 400 001
REPRESENTED BY THE CHARIMAN/MANAGING DIRECTOR

¶7

2BHARAT PETROLEUM CORPROATION LTD.,
KOCHI REFINERY, AMBALAMUGAL, ERNAKULAM 682 302
REPRESENTED BY THE CHIEF GENERAL MANAGER (OPERATIONS) I/C
BY ADVS.
P.BENNY THOMAS
D.PREM KAMATH
TOM THOMAS (KAKKUZHIYIL)
ABEL TOM BENNY
KURIAN OOMMEN THERAKATH
JAIKRISHNAN.M.PISHARODI
SRUTHY J. MAMPILLY

¶8

RESPONDENTS:

¶9

1P.N.SURENDRAN NAIR,
‘ANIZHAM’, HOUSE NO. 33/238,N-1,
PUZHAKKARAPADAM LANE, VENNALA P.O, ERNAKULAM 682 028

¶10

2 THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT KARITHALA LANE, KARSHAKA ROAD, ERNAKULAM, KOCHI 682 016

¶11

BY ADVS.
J.P.CAMA (SR.)

¶12

S.SREEKUMAR (SR.)
P.PRIJITH
THOMAS P.KURUVILLA
P.MARTIN JOSE
AJAY BEN JOSE
MANJUNATH MENON
R.GITHESH
HARIKRISHNAN S.

¶13

MANU S., ASGI

¶14

WPC.Nos.27781/19 & 30243/21

¶15

¶16

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 31.03.2022, ALONG WITH WP(C).27781/2019, THE COURT ON
17.06.2022 DELIVERED THE FOLLOWING:

¶17

WPC.Nos.27781/19 & 30243/21

¶18

¶19

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶20

PRESENT

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THE HONOURABLE MR. JUSTICE AMIT RAWAL

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FRIDAY, THE 17TH DAY OF JUNE 2022 / 27TH JYAISHTA, 1944

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WP(C) NO. 27781 OF 2019

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PETITIONER:

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BHARAT PETROLEUM CORPORATION LIMITED,
KOCHI REFINERY, AMBALAMUGAL, KOCHI-682 302
REPRESENTED BY ITS EXECUTIVE DIRECTOR (HR),
SHRI.JAYESH SHAH.

¶26

BY ADVS.
P.BENNY THOMAS
SRI.D.PREM KAMATH

¶27

RESPONDENTS:

¶28

1 THE GENERAL SECRETARY, COCHIN REFINERY EMPLOYEES ASSOCIATION, AMBALAMUGAL-682 032.

¶29

2THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-
LABOUR COURT,
KARITHALA LANE, KARSHAKA ROAD,
ERNAKULAM, KOCHI-682 016.

¶30

BY ADVS.
S.SREEKUMAR (SR.)
SRI.RAJAGOPALAN.A., CGC
P.MARTIN JOSE
P.PRIJITH
THOMAS P.KURUVILLA
R.GITHESH
AJAY BEN JOSE
MANJUNATH MENON
ANNA LINDA V.J
HARIKRISHNAN S.
SACHIN JACOB AMBAT

¶31

WPC.Nos.27781/19 & 30243/21

¶32

¶33

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 31.03.2022, ALONG WITH WP(C).30243/2021, THE
COURT ON 17.06.2022 DELIVERED THE FOLLOWING:

¶34

WPC.Nos.27781/19 & 30243/21

¶35

¶36

JUDGMENT

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The two writ petitions W.P(C).Nos.27781 of 2019 and 30243 of 2021 arise from a series of chronological events between the petitioner management Bharat Petroleum Corporation Ltd. and the workman.

¶38

While serving the petitioner management, the workman Sri.P.N.Surendran Nair was involved in certain misconducts and the management initiated Disciplinary action against the workman under the provisions of standing orders applicable to him. When the management initiated disciplinary action against the then ambulance driver Sri M.K. Gopinathan for causing undue delay in taking ambulance to shift a patient who had suffered a massive cardiac arrest at his residence and was declared dead when reached hospital, the workman in his capacity as General Secretary of the respondent trade union, resorted to strong arm twisting tactics and attempted to unduly influence two key witnesses in the domestic

¶39

¶40

WPC.Nos.27781/19 & 30243/21

¶41

enquiry, two staff nurses who were on duty at the time of incident. The workman along with Gopinathan prevented the two staff nurses, obstructed and abused them from discharging official duties, for which they submitted written complaint against the workman and Gopinathan as evident from Exts.P1 and P2 dated 06.06.2005. The workman was served with a show cause notice Ext.P4 dated 08-06-2005 and upon finding his explanation unsatisfactory, was issued with a Charge Sheet and Notice of Enquiry Ext.P5 dated 11.07.2005. Sri.Gopinathan was also charge-sheeted along with the workman. An independent and impartial outsider was appointed as Enquiry Officer to conduct the domestic enquiry. The domestic enquiry was conducted giving full and fair opportunities to the workman to defend the charges levelled against him, to adduce evidence, to bring forth witnesses to his cause. The domestic enquiry was summed up altogether with 102 sittings wherein the workman alone availed 37 (thirty seven) postings for his own evidence. The enquiry officer found the workman

¶42

¶43

WPC.Nos.27781/19 & 30243/21

¶44

guilty of the charges. Again show cause notice was issued to the workman to which a detailed reply was submitted, but the disciplinary authority after considering the domestic enquiry report and reply to the 2^nd show cause notice, found no ground available to disagree with, accepted the findings of the enquiry officer. Thereafter, the workman was given opportunity to submit his explanation on the quantum of punishment to be imposed and after a detailed assessment on the gravity of the misconduct, the disciplinary authority concluded that maintenance of discipline in workplace cannot be compromised as the behavior of the workman was quite unbecoming of an employee in a Public Sector Undertaking. Also it had been evidenced by the management that workman had a blemished past record of service which included abusing of co-workers, sleeping while on duty, continued absence from duty without proper reasons, misconduct of unauthorizedly leaving the workplace, altercations with co workers, for which he had

¶45

¶46

WPC.Nos.27781/19 & 30243/21

¶47

been subjected to disciplinary actions and warnings earlier.

¶48

Based on the facts and circumstances of the act of misconduct, it was proposed to impose punishment of withholding Two Increments with Cumulative Effect to the workman, which was challenged by the Union through an industrial dispute I.D.NO.27/2011 before the second respondent. The second respondent Central Government Industrial Tribunal-Cum-Labour Court (CGIT), though held the enquiry to be just, proper and adhering to the principles of natural justice, passed final award Ext.P12 dated 07.05.2019 setting aside the punishment of withholding of 2 annual increments with cumulative effect stating improper proportionality of punishment and declared the workman entitled for all consequential benefits, which is challenged by the petitioner management in W.P(C).No. 27781 of 2019.

¶49

W.P(C).No.30243 of 2021 is filed by the management challenging the order Ext.P19 dated

¶50

¶51

WPC.Nos.27781/19 & 30243/21

¶52

01.09.2021 of the second respondent directing the management to reinstate the workman in service with 75% back wages, declaring the punishment of dismissal imposed on the first respondent by the management to be shockingly disproportionate.

¶53

The factual background of this arose from some serious altercation between the workman and fellow workers under the management wherein the workman had abused the other co worker calling him caste name and verbally abused in filthiest language, for which, the co worker had filed written complaint as evident from Ext.P1 and P1(a) dated 16-10-2015. Pursuant to the above complaint, the management initiated disciplinary action against the workman under the provisions of applicable standing orders. Thereafter a series of proceedings as per the standing orders and provisions of Industrial Disputes Act took place whereby domestic enquiry was conducted and on perusal of the enquiry report, the workman was served with order of dismissal dated 06-03-2018 Ext.P10 charging him guilty of the offences considering it highly

¶54

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WPC.Nos.27781/19 & 30243/21

¶56

derogatory of the sensibilities of his colleagues and considering the gravity of charges and his blemished past record with several punishments. The petitioner management submitted an approval application, as required under section 33(2)(b) of the Industrial Disputes Act,1947, before the second respondent which was dismissed vide Ext. P13 dated 23-09-2019 with the observations of victimization as the misconduct was only an altercation between the employees and there was nothing much to impose an order of dismissal. Vide Ext.P14 judgement dated 28.02.2020, of this Hon'ble Court set aside the order Ext.P13, the matter was remanded back to the second respondent to reconsider afresh, granting opportunity to the petitioner to adduce fresh evidence. Meanwhile workman challenged the Ext.P14 by filing writ appeal, the same was also dismissed vide Ext.P16 dated 12.08.2020. Thereafter, the petitioner produced witnesses and adduced evidence before the second respondent establishing charges and also the blemished past record of the workman whereas there was

¶57

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WPC.Nos.27781/19 & 30243/21

¶59

no oral evidence or proper witnesses from the side of the workman, apart from his interested testimony and, the second respondent vide Ext.P18 dated 25-10-2021 again dismissed the approval application holding that the workman had committed the misconduct. Second respondent in ID No.2 of 2019 passed award Ext.P19 dated 01.09.2021, though the workman himself had admitted the misconducts committed by him while he was in service before dismissal, stating the punishment of dismissal to be disproportionate.

¶60

As per the contentions of the counsel appearing for the petitioner management, the labour court ought not to have kept the matter pending regarding the proportionality and justification of the punishment. Petitioner had relied on a catena of judgments to throw light on his arguments, including in The General Secretary, South Indian Cashew Factories Workers Union v. The Managing Director, Kerala State Cashew Development Corporation ltd. and Ors (SC 2676 2006). The issue before the court was whether labour court

¶61

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WPC.Nos.27781/19 & 30243/21

¶63

could interfere with the punishment imposed provided the enquiry was fair, proper and with due processes of principles of natural justice. The powers of labour court in the absence of section 11A is illustrated by Hon'ble Supreme Court in Workmen of Firestone Tyre and Rubber co. of India pvt. ltd v. The Management 1976 AIR 1775, 1976 SCR (3) 369 . When the enquiry is conducted fairly and properly, in absence of any of the allegations of victimisation or malafides or unfair labour practices, labour court has no power to interfere with the punishment imposed by the management and section 11A would not be applicable and unless the findings are perverse.

¶64

The purpose of section 11A is available only on the existence of certain factors like punishment being disproportionate to the gravity of misconduct so as to disturb the conscience of the court or the past conduct of the workman which may persuade the labour court to reduce the punishment. It cannot by way of sympathy alone exercise power under the section as culled out in

¶65

WPC.Nos.27781/19 & 30243/21

¶66

¶67

Mahindra and Mahindra ltd. v. N.B. Naravade and Ors. (SC 0138 2005) . Here the blemished past record of the respondent workman have been brought to light which is of very serious non-humanitarian aspects as well immoral behaviour of the workman. Also the labour court was never on question about the conduct of enquiry and the misconduct on the part of the workman was established. Petitioner had relied on Pradeep s/o Rajkumar Jain V. Manganese Ore(India) ltd and Ors (civil appeal No. 7607 of 2021 arising out of SLP No. 21346 of 2017) on account of back wages. In Deepali Gundu Surwase V. Kranti Junior Adhyapak Mahavidyalaya and Ors. , it has been held that in cases of wrongful termination of service, reinstatement with continuity of service and back wages is a normal rule. The aforesaid rule is subject to the rider that while deciding the issue of back wages, the adjudicating authority may take into consideration the length of service of the employee/workman, the nature of misconduct, if any, proved against the employee/ workman, the financial condition of the employer and

¶68

¶69

WPC.Nos.27781/19 & 30243/21

¶70

smilar other factors. The employee/workman is required to either plead or at least make a statement before the authority or the court of first instance that he/she was not gainfully employed or was employed on lesser wages. Counsel for the petitioner management vehemently urged interference of this Court praying for the dismissal order to be put back in effect with zero reliefs to the workman.

¶71

On the other hand, respondents denied all the assertions and evidences adduced by the petitioner, by claiming reinstatement and back wages for the workman and to uphold the award of respondent CGIT, challenging the maintainability of the writ petition. Workman had relied on Iswarlal Mohanlal Thakkar v. Paschim Gujarat Vij Company ltd and Another (2014 KHC 4270; 2014 (6) SCC 434) to inculcate the Hon'ble high court's power under Article 227 of the Constitution of India. It is settled law that the High Court cannot exercise its power under Article 227 of the Constitution as an Appellate court or reappreciate evidence and record its findings on the contentious points. Only if there is a serious error of law

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WPC.Nos.27781/19 & 30243/21

¶74

or the findings recorded suffer from error apparent on record can the High Court quash the order of a lower court. It was also submitted that the second respondent CGIT satisfactorily exercised its original jurisdiction and properly appreciated the conduct of domestic enquiry and the evidence adduced, and thus urged for dismissal of the writ petition.

¶75

I have heard learned counsel for the parties and appraised the paper books.

¶76

In W.P(C).No.27781/2019 Labour Court vide preliminary order dated 26.05.2017 in I.D.No.27 of 2011 found that the enquiry with regard to the charges regarding surrounding, blocking or detaining the workmen inside the premises and threatening, intimidating or coercing any other employee and making false accusation, was conducted properly as no principles of natural justice were violated, for, fair and reasonable opportunity was given to the workman to substantiate his contention. Enquiry Officer evaluated the evidence

¶77

¶78

WPC.Nos.27781/19 & 30243/21

¶79

rendered by the witnesses in detail and had examined the same in a just and proper manner. It could not have kept the case pending regarding the proportionality and justification of the punishment by passing the preliminary award under Section 11A of the Industrial Dispute Act, 1947, as it would not come into play, as the punishment was not of a dismissal and discharge, whereas the Labour Court was first called upon to decide the veracity and legality of the enquiry. The matter should have been closed then and there, but went on to the final award dated 07.05.2019 interdicting with the findings of the disciplinary authority imposing a punishment of withholding of two annual increments with cumulative effect. The said procedure is totally violative of the law settled, particularly the ratio laid down by the Honourable Supreme Court in Workmen of Messrs Firestone Tyre and Rubber Company of India (P) Ltd. v. Management 1976 AIR 1775, 1976 SCR (3) 369.1973 (1)

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LLM 278 .

¶81

WPC.Nos.27781/19 & 30243/21

¶82

¶83

For the sake of brevity, Section 11A of the ID Act is reproduced as under:

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“11-A.Powers of Labour Courts, Tribunals and National Tribunals to give appropriate relief in case of discharge or dismissal of workmen.Where an industrial dispute relating to the discharge or dismissal of a workman has been referred to a Labour Court, Tribunal or National Tribunal for adjudication and, in the course of the adjudication proceedings, the Labour Court, Tribunal or National Tribunal, as the case may be, is satisfied that the order of discharge or dismissal was not justified, it may, by its award, set aside the order of discharge or dismissal and direct reinstatement of the workman on such terms and conditions, if any, as it thinks fit, or give such other relief to the workman including the award of any lesser punishment in lieu of discharge or dismissal as the circumstances of the case may require:

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Provided that in any proceeding under this section the Labour Court, Tribunal or National Tribunal, as the case may be, shall rely only on the materials on record and shall not take any fresh evidence in relation to the matter.”

¶86

Thus, I am in agreement with the arguments of Mr.J.P.Cama, learned Senior Counsel appearing on behalf

¶87

¶88

WPC.Nos.27781/19 & 30243/21

¶89

of the petitioner management that the award Ext.P12 dated 07.05.2019 challenged in W.P(C) No.27781 of 2019 is not sustainable. Accordingly, it is set aside. Writ petition stands allowed.

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13. In W.P(C).30243/2021, the first respondent workman was served with charge sheet dated 23.12.2015, when the reply dated 12.12.2015 to the show cause notice dated 26.11.2015 was not found satisfactory. Enquiry Officer vide Enquiry Report dated 12.04.2017 found that MW1 complainant and MW2 who were accompanying the delinquent at the time of the alleged incident stated the contents of the complaint to be true facts. It is also found that none of the defence witnesses witnessed the alleged incident occurred on 16.10.2015, whereby at 8.15 a.m. while entering the changing room, the workman abused Sri.Sajeev Kumar J. and Sri.Sasikumar M.R. and also pulled out his belt as if to beat and used abusive language. Immediately thereafter a show cause notice dated 27.04.2017 proposing the punishment was served upon the workman and again on 12.02.2018. Both the

¶91

¶92

WPC.Nos.27781/19 & 30243/21

¶93

aforementioned show cause notices were replied on 16.05.2017 and 28.02.2018. Management passed the dismissal order on 06.03.2018.

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Workman complainant preferred a claim petition on 15.01.2019 and after having undergone the exchange of pleadings Labour Court set aside the punishment vide award dated 01.09.2021. Labour Court while awarding the backwages opined that the management was not in dispute that during all these period workmen was not employed. However, while going through the statement of the workman it failed to point a single averment with regard to the gainful employment. The law with regard to awarding of the backwages is no longer res integra. In Deepali Gundu Surwase vs Kranti Junior Adhyapak & Ors (2013) 10 SCC 324 , it has been held that the only role that the workman has to undertake is to plead and onus shifts on the management, and in the absence of the pleading the onus did not shift on the management, thus, the awarding

¶95

¶96

WPC.Nos.27781/19 & 30243/21

¶97

of the backwages to the extent of 75% is not sustainable in the eyes of law.

¶98

Now coming to the question of reinstatement, there had been a case of disgruntlement between the management and the workman as he had been the Secretary of the Union, few witnesses had deposed against him who were earlier in the Union and thereafter changed their sides by joining the opposite union. Such type of persons should not be permitted to continue in the Management. Now again it would be seen whether the allegation of misconduct were of such grave nature, which would have warranted dismissal from the service or a minor punishment. In other words, whether the punishment of dismissal is disproportionate to the allegation of charges. The charges in this case were to the following extent:

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Riotous or disorderly bahaviour or any act subversive to good discipline. (Clause 29.14 of Standing Orders).

¶100

Threatening, intimidating or corcing any other employee. (Clause 29.15 of Standing Orders).

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¶102

WPC.Nos.27781/19 & 30243/21

¶103

Assault, either provoked or otherwise, making false accusation, use of impolite or insulting language against any other employee. (Clause 29.16 of Standing Orders).

¶104

Labour Court after examining the entire evidence, particularly the report of the Enquiry Officer found that all the witnesses examined in the enquiry except one was the member of the rival union. In fact, there was no independent witness except the complainant of the incident. Regarding the incident even an SC case No.866/2018 was also registered against the workman but ultimately it resulted to acquittal as complainant did not support the case. It is true that the management, from the perusal of the award of the Labour Court as well as the evidence, has not been able to bring on record any independent witness to prove the charges. All the witnesses were interested and there is no discussion in the enquiry report about how the Enquiry Officer arrived at a conclusion that the charges levelled against the workman were proved. Management also failed in

¶105

¶106

WPC.Nos.27781/19 & 30243/21

¶107

obtaining the permission from the competent Court under Section 3(2) of the ID Act for dismissing the workman. While dismissing, the workman was paid one-month wage of Rs.1,21,740/-. Even an application for settling the Provident Fund amount was also submitted which was released on 06.06.2018. But that would not be a case for estoppel for the workman to espouse the grievance with regard to the dismissal. The evidence of CC TV footage would have been a clincher of proving the charges against the workman, but the same was not placed on record or provided to him.

¶108

In my view, the finding of the Labour Court with regard to the dereliction of the Enquiry Officer in not referring to the testimony of the workman cannot be accepted as a sermon. Management cannot be said to be innocent and unaware of the criminal proceedings pending against the complainant. The witnesses of the management in the domestic enquiry were M2 to M6, also examined MW7 and brought on record M1 to M35, the documents to substantiate the charges. M16 to M30 were

¶109

¶110

WPC.Nos.27781/19 & 30243/21

¶111

the documents regarding the earlier misconduct alleged against the workman and the punishment imposed whereas M31 to 35 regarding the retirement benefits like Provident Fund etc.

¶112

On the contrary, workman brought on record documents Exts.W1 to W65. MW2 alleged that the workman had taken money of Rs.20,000/- out of Rs.50,000/- approved by the Union, but the same was found to be incorrect. In fact, the workmen filed the complaint against MW2 and MW6 that both had used rude language against him. It was an opportunity for them to resurface since they were carrying animosity, to depose against the workman. Sri.M.R.Sasikumar, MW6 in fact never filed any complaint regarding the incident, with the management or with the police. He also stated that he gave evidence in the domestic enquiry as the management had threatened him throughout the employment. Shibu Mani, Deputy General Manager was examined as MW7. It surfaced that he was not an eye witness. His testimony was only with regard to the

¶113

¶114

WPC.Nos.27781/19 & 30243/21

¶115

previous incidents. MW1 and MW7 were the members of the Union to which the Secretary belong and thereafter they changed their sides.

¶116

It is settled law that the evidence recorded in the Criminal Court can also be examined in the proceedings before the domestic enquiry as well as in the Court. The provisions of Section 33 of the Indian Evidence Act permits the examination of the witnesses/documents tendered in another Court relevant for adjudication in another proceedings between the parties.

¶117

I am of the view that the discord between the management and the employer had been too deep and impacted the working of the management. Labour Court instead of ordering reinstatement ought to have ordered the compensation. In my view the compensation for an employee who had been getting a salary of Rs.1,21,740/per month should have been determined to the extent of Rs.25,00,000/-. Accordingly, the award of the Labour

¶118

WPC.Nos.27781/19 & 30243/21

¶119

¶120

Court is set aside and converted into a compensation with no backwages or reinstatement.

¶121

W.P(C).30243/21 stands allowed with the

¶122

aforementioned observations.

¶123

AMIT RAWAL Judge

¶124

vv.

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WPC.Nos.27781/19 & 30243/21

¶126

¶127

APPENDIX OF WP(C) 27781/2019

¶128

PETITIONER EXHIBITS

¶129

EXHIBIT P1TRUE COPY OF THE COMMON COMPLAINT DATED
6.6.2005.
EXHIBIT P2TRUE COPY OF THE ENGLISH TRANSLATION
COMMON COMPLAINT DATED 6.6.2005.
EXHIBIT P3TRUE COPY OF THE STANDING ORDERS EFFECTIVE
FROM DATED 6.5.1973
EXHIBIT P4TRUE COPY OF THE SHOW CAUSE NOTICE DATED
8.6.2005.
EXHIBIT P5TRUE COPY OF THE CHARGE SHEET AND NOTICE
OF ENQUIRY 11.7.2005
EXHIBIT P6TRUE COPY OF THE ENQUIRY REPORT DATED
23.12.2006.
EXHIBIT P7TRUE COPY OF THE ORDER DATED 15.5.2009 IN
M.P.NO.1/2007.
EXHIBIT P8TRUE COPY OF THE PUNISHMENT ORDER DATED
29.6.2009.
EXHIBIT P9TRUE COPY OF THE CLAIM STATEMENT FILED BY
THE IST RESPONDENT DATED 15.2.2012.
EXHIBIT P10TRUE COPY OF THE WRITTEN STATEMENT FILED
JUDGMENT DATED 18.4.2012.
EXHIBIT P11TRUE COPY OF THE PRELIMIANRY ORDER DATED
26.5.2017 IN I.D.NO.27/2011.
EXHIBIT P12TRUE COPY OF THE AWARD DATED 7.5.2019 IN
I.D.NO.27/2011.

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RESPONDENT EXHIBITS

¶131

`EXHIBIT`	`R1(a)` `A TRUE COPY OF THE INSTRUCTION ISSUED BY`
	`THE DEPUTY CHIEF LABOUR COMMISSIONER (C)` `HQ DATED 19-08-2016.`
`EXHIBIT`	`R1(b)` `A TRUE COPY OF THE OFFICE MEMORANDUM NO.H-`
	`52027/8/99-IR DATED 19-03-1999.`
`EXHIBIT`	`R1(c)` `A TRUE COPY OF THE LETTER DATED 21-08-2019` `ISSUED BY THE ASSISTANT LABOUR`

¶132

WPC.Nos.27781/19 & 30243/21

¶133

¶134

COMMISSIONER (CENTRAL), ERNAKULAM TO THE
MANAGEMENT.
EXHIBIT R1(d)A TRUE COPY OF THE SHOW CAUSE NOTICE
ISSUED BY THE ASSISTANT LABOUR
COMMISSIONER DATED 04.10.2019 TO THE
MANAGEMENT.
EXHIBIT R1(e)A TRUE COPY OF THE OFFICE MEMORANDUM DATED
4.2.2020
EXHIBIT R1(f)A TRUE COPY OF THE PROCEEDINGS OF THE
CHIEF JUDICIAL MAGISTRATE COURT, ERNAKULAM
IN CC NO 189/2019 DATED 13.2.2020

¶135

WPC.Nos.27781/19 & 30243/21

¶136

¶137

APPENDIX OF WP(C) 30243/2021

¶138

PETITIONER EXHIBITS

¶139

`Exhibit P1`	`TRUE COPY OF` `2015`	`THE`	`COMPLAINT DATED 16-10-`
`Exhibit P1A`	`TRUE COPY OF` `THE COMPLAINT`	`THE` `DAT`	`ENGLISH TRANSLATION OF` `ED 16-10-2015`
`Exhibit P2`	`TRUE COPY OF` `26-11-2015`	`THE`	`SHOW CAUSE NOTICE DATED`
`Exhibit P3`	`TRUE COPY OF`	`THE`	`REPLY DATED 12-12-2015`
`Exhibit P4`	`TRUE COPY OF` `OF ENQUIRY 23`	`THE` `-12-`	`CHARGE SHEET AND NOTICE` `2015`
`Exhibit P5`	`TRUE COPY OF` `04-2017`	`THE`	`ENQUIRY REPORT DATED 12-`
`Exhibit P6`	`TRUE COPY OF` `DATED 27-04-2`	`THE` `017`	`2ND SHOW CAUSE NOTICE`
`Exhibit P7`	`TRUE COPY OF`	`THE`	`REPLY DATED 16-05-2017`
`Exhibit P8`	`TRUE COPY OF` `12-02-2018`	`THE`	`SHOW CAUSE NOTICE DATED`
`Exhibit P9`	`TRUE COPY OF` `28-02-2018`	`THE`	`SHOW CAUSE NOTICE DATED`
`Exhibit P10`	`TRUE COPY OF` `03-2018`	`THE`	`DISMISSAL ORDER DATED 06-`
`Exhibit P11`	`TRUE COPY OF` `01-2019 FILED` `NO 2 OF 2019`	`THE` `BY` `WITH`	`CLAIM STATEMENT DATED 15-` `THE 1ST RESPONDENT IN ID` `OUT DOCUMENTS`
`Exhibit P12`	`TRUE COPY OF` `BY THE PETITI`	`THE` `ONER`	`WRITTEN STATEMENT FILED` `IN ID NO. 02 OF 2019`
`Exhibit P13`	`TRUE COPY OF` `M.P NO 1/2018`	`THE` `PAS`	`ORDER DATED 23-09-2019 IN` `SED BY THE 2ND RESPONDENT`
`Exhibit P14`	`TRUE COPY OF` `IN W.P(C0 NO.` `COURT.`	`THE` `294`	`JUDGMENT DATED 28-02-2020` `06/2019 BY THIS HON'BLE`
`Exhibit P15`	`TRUE COPY OF` `IN W.P9C0 NO.`	`THE` `104`	`JUDGMENT DATED 27-05-2020` `02/2020 BY THIS HON'BLE`

¶140

WPC.Nos.27781/19 & 30243/21

¶141

¶142

COURT
Exhibit P16TRUE COPY OF THE COMMON JUDGMENT DATED 12-
08-2020 IN W.A NO. 750/2020 BY THIS
HON'BLE COURT.
Exhibit P17TRUE COPY OF THE OFFICE MEMORANDUM DATED
06-08-2021
Exhibit P18TRUE COPY OF THE ORDER DATED 25-10-2021 IN
M.P NO. 1/2018 PASSED BY THE 2ND
RESPONDENT
Exhibit P19TRUE COPY OF AWARD DATED 01-09-2021 IN I.D
NO. 2/2019 PASSED BY THE 2ND RESPONDENT

Bharat Petroleum Corporation Ltd. v. P.N.Surendran Nair

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Bharat Petroleum Corporation Ltd. v. P.N.Surendran Nair

Case brief

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