In this Writ Petition dismissed, the High Court rejected the Manager's challenge to a Labour Court award granting Rs.1,50,000 compensation to a dismissed workman for delay in the misconduct enquiry proceedings, holding the forum's discretion warranted no interference under Article 226.
The Writ Petition is dismissed.
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 AMIT RAWAL
FRIDAY, THE 27TH DAY OF MAY 2022 / 6TH JYAISHTA, 1944
WP(C) NO. 7551 OF 2019
PETITIONER:
THE MANAGER GOKUL RUBBER AND TEA PLANTATIONS LIMITED, GOKUL RUBBER ESTATE, PERINTHALMANNA, MALAPPURAM DISTRICT, PIN - 679 322
BY ADVS. LATHA ANAND SRI.M.N.RADHAKRISHNA MENON SRI.JOSEPH SEBASTIAN (PARACKAL) SRI.S.VISHNU (ARIKKATTIL)
RESPONDENTS:
1 P.A.ABRAHAM PUTHUPARAMBIL VEEDU, PANDALLUR HILLS P.O, PANDIKKAD VIA, MALAPPURAM DISTRICT, PIN - 676 521 2 THE INDUSTRIAL TRIBUNAL PALAKKAD,OLAVAKODE, PALAKKAD, PIN - 678 002 BY ADV SRI.P.C.SASIDHARAN
SRI JUSTIN JACOB, SR.GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
In a reference sought by the workman regarding dismissal from the post of supervisor with effect from 12.5.1995 by the petitioner management, Labour Court accepted the plea of the management that the charges were proved against the workman, but while disposing of the reference awarded a sum of Rs.1,50,000/- towards back wages during the intervening period of pendency of the enquiry which has been assailed by the management. On 9.3.1994 the management issued a charge to the workman on the allegation that he had stolen three bags full of arecanuts from the estate of management on 8.12.1993 along with two others, caught red handed and handed over to the police. It was alleged that at that time, the workman was holding an unlicensed gun and threatened to shoot those who caught him, resulting into serious misconduct. Domestic enquiry was conducted and was found guilty of the charges, resultantly dismissed from the service with effect from 12.5.1995.
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conducted by the Manager of the estate was not sustainable. The Management preferred O.P.No.19207 of 2002 before this Court and after the enquiry vide judgment dated 21.1.2008 preliminary order was set aside and the matter was remanded for fresh consideration in accordance with law. Thereafter the Labour Court passed a preliminary order dated 8.5.2008 upholding the enquiry and passed an award on 31.5.2008 upholding the dismissal of the workman, vide Ext.P1.
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given by the Labour Court for award of the back wages is the bone of contention in the present Writ Petition.
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it would not have served the purpose of retaining the workman, but found that the management could establish the charge against the workman after having been given opportunity by this Court. In other words, before directions were given by this Court, there was no cogent material on record establishing the misconduct of the workman. During the suspension period workmen was given subsistence allowance. Labour Court under the head of gratuity ordered a compensation of Rs.1,50,000/keeping in view the peculiar facts and circumstances of the case. i.e., delay in deciding the matter finally. Such type of discretion exercised by the Labour Court, in my view, do not warrant any interference while exercising power of judicial review under Article 226 of the Constitution of India. No ground for interference.
The Writ Petition is dismissed.
Sd/-
AMIT RAWAL JUDGE
csl
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APPENDIX OF WP(C) 7551/2019
PETITIONER'S EXHIBITS
EXHIBIT P1 TRUE COPY OF AWARD OF THE INDUSTRIAL TRIBUNAL DATED 31.05.2008 EXHIBIT P2 TRUE COPY OF JUDGMENT OF THE HONOURABLE HIGH COURT IN WP(C) NO. 23338/2008 DATED 08.06.2017 EXHIBIT P3 TRUE COPY OF AWARD OF THE INDUSTRIAL TRIBUNAL, PALAKKAD DATED 10.01.2019
RESPONDENTS' EXHIBITS
NIL
2 issues framed by the court
Whether the High Court could interfere with the Labour Court's award of Rs.1,50,000 as compensation for delay in deciding the misconduct enquiry.
Whether an employee guilty of misconduct can be awarded back wages or compensation by a labour forum.
1 provisions across 1 enactments
The Manager Gokul Rubber and Tea Plantations Limited
P.A. Abraham
The Industrial Tribunal Palakkad
Amit Rawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
