IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 13TH NOVEMBER 2008 / 22ND KARTHIKA 1930 WP(C).No. 31928 of 2008(A) -------------------------- PETITIONER(S): --------------- D.SREEDEVI, SINGLE WINDOW OPERATOR (EMP. CODE 114107), STATE BANK OF TRAVANCORE AMBALAPUZHA BRANCH. BY ADV. SRI.K.RAMAKUMAR (SR.) SRI.T.RAMPRASAD UNNI SMT.SMITHA GEORGE RESPONDENT(S): 1 ---------------- 1. DEPUTY GENERAL MANAGER STATE BANK OF TRAVANCORE, ZONAL OFFICE, ERNAKULAM. 2. ASSISTANT GENERAL MANAGER, STATE BANK OF TRAVANCORE, ZONAL OFFICE, ERNAKULAM. 3. KUMARY.N.SANTHA(INQUIRY OFFICER), BRANCH MANAGER, STATE BANK OF TRAVANCORE, PAZHAVEEDU, ALAPPUZHA. BY ADV. SRI.M.PATHROSE MATTHAI (SR.) FOR R1 & 2 SRI.SAJI VARGHESE FOR R1 & 2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ------------------------------- W.P.(C) No.31928 of 2008 ------------------------------- Dated this the 13th November, 2008. J U D G M E N T The petitioner, who is an employee of the State Bank of Travancore, has filed this writ petition challenging Ext.P14 order passed by the disciplinary authority, which imposed on her the punishment of discharge from service with superannuation benefits and without disqualification for future employment, as also Ext.P16 appellate order upholding the said order of punishment. The petitioner was charge sheeted as an employee governed by the Memorandum of Settlement dated 10.4.2002 entered into between the Unions representing the workmen of the Bank and the Management. In my opinion, the petitioner is a workman as defined in Section 2(s) of the Industrial Disputes Act, 1947 and the disputes raised by the petitioner as a result of her discharge from service, is a matter to be decided by the Labour Court/Industrial Tribunal constituted under the provisions of the Industrial Disputes Act, 1947. The W.P.(C) No.31928/2008 2 Act also enables the petitioner, an individual workman, to raise a dispute arising out of her discharge from service. In these circumstances, leaving open the petitioner's right to move the Government for referring the dispute arising out of her discharge from service for adjudication to the Industrial Tribunal or the Labour Court, I dismiss the writ petition. It is clarified that the contentions of the petitioner on the merits are left open. P.N.RAVINDRAN, JUDGE nj.