IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 9TH JANUARY 2009 / 19TH POUSHA 1930 WA.No. 2318 of 2005(B) --------------------------------- AGAINST THE JUDGEMENT IN O.P.NO.8611/1995 DATED 17/06/2005 .................... APPELLANT/ PETITIONER: -------------------------------------- LOHIDAKSHAN E.P., ISWARAMANGALATH HOUSE, TRICHUR. BY ADV. SRI.C.ANIL KUMAR. RESPONDENTS/ RESPONDENTS: ------------------------------------------------ 1. LOKAMALESWARAM SERVICE CO-OPERATIVE BANK LIMITED NO.249, REPRESENTED BY ITS PRESIDENT, KODUNGALLUR, TRICHUR DISTRICT. 2. LABOUR COURT, ERNAKULAM. R2 BY GOVERNMENT PLEADER SMT. K. MEERA, R1 BY ADV. SRI.M.P.ASHOK KUMAR. THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 09/01/2009, ALONG WITH W.A NO. 2329/2005, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. J.B. Koshy,Ag.C.J. & P.R.Ramachandra Menon, J. -------------------------------------- W.A.Nos.2318 & 2329 of 2005 --------------------------------------- Dated this the 9th day of January, 2009 Judgment Koshy,Ag.C.J. In these two cases, two employees of the Co-operative Bank were charge-sheeted for serious misconducts. It is the case that false documents were created to show that applications were made for loan by two members and voucher was prepared in their name and loan was disbursed. Actually, applications were not made by those two members and amount was not paid to them. Enquiry was conducted and it was found that the appellants are guilty. Since all the departmental appeals were also went against them, they approached the Labour Court. The Labour Court found that enquiry was not proper and, therefore, the misconduct has to be proved before the court. Hence, evidence was adduced before the Labour Court. One of the shareholders on whose name false applications and vouchers were made was also examined as MW4 before the Labour Court. Eight witnesses were examined on the side of the management. Apart from the charge-sheeted employee, two witnesses were examined on the side of the workman. After considering the evidence, Labour Court W.A.Nos.2318 & 2329/2005 2 independently found that serious charges levelled against them including misappropriation were proved beyond doubt. But, the Labour Court converted the punishment of dismissal into one of discharge from service and granted relief by exercising the powers under section 11A of the Industrial Disputes Act. The learned Judge found that the Labour Court has rightly concluded that the appellants are guilty and no interference is required in the award at the instance of the employees. After going through the award, we are of the view that the award of the Labour court is not perverse or illegal warranting interference by this Court under articles 226 or 227 of the Constitution of India. We fully agree with the views of the learned single Judge. Both the writ appeals are dismissed. J.B.Koshy Acting Chief Justice P.R.Ramachandra Menon Judge vaa J.B. KOSHY, Ag.C.J. AND P.R.RAMACHANDRA MENON,J. ------------------------------------- W.A.No. /2006 ------------------------------------- Judgment Date:9th January, 2009