IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.J.B.KOSHY & THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 27TH JANUARY 2009 / 7TH MAGHA 1930 WA.No. 121 of 2009 --------------------------- AGAINST THE JUDGEMENT IN W.P.(C).NO.11120/2007 DATED 04/08/2008 .................... APPELLANT/ PETITIONER: -------------------------------------- V.G. BALAKRISHNAN, NALANDA BHAVAN, PUNCHEPPALLY, KANJIRAPPALLY. BY ADV. MR.T.M.ABDUL LATIFF. RESPONDENTS/ RESPONDENTS: ------------------------------------------------ 1. CENTRAL GOVERNENT INDUSTRIAL- CUM -LABOUR COURT, ERNAKULAM, KOCHI-14. 2. THE CHAIRMAN, THE FEDERAL BANK LIMITED, HEAD OFFICE, FEDERAL TOWERS, P.B. NO.103, ALUVA-683 101. R1 BY MR. P. PARAMESWARAN NAIR, ASST. S.G, R2 BY ADV. MR. K. ANAND. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 27/01/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. J.B.KOSHY, Ag.C.J. & V.GIRI, J. -------------------------------------- W.A.No.121 of 2009 ------------------------------------- Dated 27th January, 2009 JUDGMENT Koshy, Ag.C.J . Appellant/petitioner was employed in the Federal Bank Limited. He was dismissed for serious misconducts. The issue regarding dismissal was referred to the Labour Court as an Industrial Dispute. The Labour Court considered the matter in its entirety. It is admitted that enquiry was conducted in accordance with the natural justice. Workman was given full freedom to participate in the enquiry and misconducts were also proved. Though Labour Court is vested with powers for interfering with the punishment on cogent reasons, the Labour Court found that misconducts proved are very serious. He was a habitual absentee. Considering all these, the Labour Court did not grant any relief. Learned Judge also stated that issuance of cheques which are bounced by a bank employee without sufficient funds in the account will affect the image of the bank and he has a habit of issuing cheques to third parties including customers of the bank after borrowing money without sufficient money in his account. Earlier also he was dismissed for habitual absence and in appeal he was reinstated with a lesser punishment. Taking all these W.A.121/2009 2 circumstances into account, learned Judge found that no grounds are made out to interfere with the award of the Labour Court under Article 226 or 227 of the Constitution of India. We see no ground to interfere with the matter in an intra court appeal. The appeal is dismissed. J.B.KOSHY ACTING CHIEF JUSTICE V.GIRI JUDGE tks