IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE A.K.BASHEER TUESDAY, THE 10TH JUNE 2008 / 20TH JYAISHTA 1930 WA.No. 1155 of 2008 -------------------------------------- AGAINST THE JUDGEMENT IN WPC.30929/2005 Dated 03/01/2008 .................... APPELLANT: PETITIONER: ------------------------------------ THE EZHUKONE COCONUT PROCESSING AND MARKETING CO-OPERATIVE SOCIETY LTD. NO.Q-75 EZHUKONE P.O., KOLLAM, REPRESENTED BY ITS PRESIDENT. BY ADV. SRI.K.RAMAKUMAR (SR.) SRI.T.RAMPRASAD UNNI SMT.SMITHA GEORGE RESPONDENTS: RESPONDENTS: ----------------------------------------------- 1. THE AREA COMMITTEE SECRETARY, KERALA CO-OPERATIVE EMPLOYEES UNION, KOTTARAKKARA AREA, C/O.SECRETARY, THRIKKANNAMANGAL S. C.BANK LTD.. KOTTARAKKARA P.O. 2. G.V.RAJASEKHARAN PILLAI, AGED 53, S/O.P.VELAYUDHA KURUP, SREETHILAKAM, ERUMPANAGAD P.O., EZHUKONE. BY ADV.SRI.V.E.ABDUL GAFOOR. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 10/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: H.L.DATTU, C.J. & A.K.BASHEER, J. ------------------------------------------------------------------ W.A.No.1155 of 2008 ------------------------------------------------------- Dated, this the 10th day of June, 2008 JUDGMENT A.K.Basheer, J. The appellant is the management in a proceeding before the Labour Court, Kollam. The appellant challenged the award passed by the Labour Court before the learned Single Judge contending inter alia that the Labour Court had not considered the issues involved in the case in a proper or legal manner. The case of the appellant was that the order of the Labour Court directing reinstatement of the workman in service with full wages was manifestly illegal. 2. But as rightly noticed by the learned Single Judge the management had failed even to frame specific charges against the delinquent. The Enquiry Officer had admitted in the course of the preliminary enquiry that no formal charges had been issued by the management against the workman. Subsequently, when evidence was adduced by the management, nothing was brought on record to substantiate the charges against the delinquent employee. The learned Single Judge while dismissing the writ petition has elaborately extracted the findings entered by the Labour Court in this regard. 3. The Labour Court, in our opinion, was justified in holding that the dismissal of the delinquent employee was not warranted or justified in the facts and circumstances of the case especially when no specific charge WA.No.1155/2008 -2- had been framed by the management against him. 4. Having heard the learned counsel appearing for the appellant and having perused the entire materials available on record, we do not find any illegality or irregularity in the award passed by the Labour Court. The learned Single Judge had considered the entire material in extenso. We do not find any reason to interfere with the judgment of the learned Single Judge. The writ appeal fails and it is accordingly dismissed. (H.L.DATTU) CHIEF JUSTICE (A.K.BASHEER) JUDGE MS