WA No. 1669 of 2011 · Kerala High Court
Case at a glance
- Bench
- C N RAMACHANDRAN NAIR, BABU MATHEW P JOSEPH
Outcome
Allowed
The Writ Petition is allowed in part as above
Provisions considered
Key paragraphs
- Para 33. However, direction of the learned Single Judge that payment made u/s 17B of the Industrial Disputes Act during the pendency of the Writ Petition should be set off against terminal benefits is against the decisions of the Hon'ble Supreme Court reported in Dena Bank…
Judgment
BY ADV. SRI.P.RAMAKRISHNAN RESPONDENT(S)/(PETITIONER & 2ND RESPONDENT): --------------------------------------------
THE REGIONAL MANAGER,SYNDICATE BANK, REGIONAL OFFICE,SHANMUGHAM ROAD,ERNAKULAM(FORMERLY DEPUTY GENERAL MANAGER,SYNDICATE BANK,ZONAL OFFICE SASTHAMANGALAM,THIRUVANANTHAPURAM,PIN-695010.
INDUSTRIAL TRIBUNAL,KOLLAM,PIN-691001. R BY ADV. SRI. M.P. ASOK KUMAR. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 02-02- 2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.A. NO. 1669 of 2011 APPENDIX ANNEXURE A - TRUE COPY OF CHARGE SHEET DATED 16.8.2001 [ True copy ] P.S. to Judge. C.N. RAMACHANDRAN NAIR & BABU MATHEW P. JOSEPH, JJ. ---------------------------------------------------- W.A. No. 1669 OF 2011 ----------------------------------------------------- Dated this the 2nd day of February, 2012 J U D G M E N T Ramachandran Nair, J This Writ Appeal is filed against the judgment of the learned Single Judge reversing the award passed by the Industrial Tribunal reinstating the delinquent employee represented by the appellant, Union. We have heard counsel appearing for the appellant and also Standing Counsel appearing for respondent.
2. After hearing both sides and going through the award of the Industrial Tribunal as well as the judgment of the learned Single Judge we are of the view that the learned Single Judge rightly interfered with the award because allegations of abuse by the delinquent against the lady cashier and obstruction of the work stand proved in W.A. No. 1669 OF 2011 :2 : enquiry and even before the Industrial Tribunal. The view taken by the Industrial Tribunal that the abuse made by the delinquent against the lady cashier is not affecting the business interest of the Bank, only is reversed by the learned Single Judge. We are in complete agreement with the findings of the learned Single Judge with regard to the findings of guilt and punishment by way of compulsory retirement given to the employee who was involved in the act of indiscipline on previous occasions also as is seen from record. So much so, this part of the judgment of the learned Single Judge will stand confirmed.
Operative part
However, direction of the learned Single Judge that payment made u/s 17B of the Industrial Disputes Act during the pendency of the Writ Petition should be set off against terminal benefits is against the decisions of the Hon'ble Supreme Court reported in Dena Bank v. Kiritikumar.T. Patel 1999 (2) SCC 106 and the decision W.A. No. 1669 OF 2011 :3 : of this court reported in Commandant, Defence Security v. Secretary, N.C.C.GUE Assn. (2001 (2) KLT 104). Consequently, we allow the appeal in part by directing the Bank to give the entire retirement benefits consequent to compulsory retirement without setting off and payment made u/s 17B. If full amounts have been released, nothing remains to be done in the matter. The Writ Petition is allowed in part as above. C.N. RAMACHANDRAN NAIR, JUDGE. ul/- BABU MATHEW P. JOSEPH, JUDGE.
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: The Writ Petition is allowed in part as above
Which statutory provisions did this judgment involve?
Industrial Disputes Act, 1947 — s. 17B.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.