IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 3RD JUNE 2008 / 13TH JYAISHTA 1930 WP(C).No. 31996 of 2004(H) --------------------------------------------- (AGAINST THE AWARD DATED 15/5/2004 IN ID NO.31/2001 OF THE INDUSTRIAL TRIBUNAL, ALAPPUZHA) PETITIONER: MANAGEMENT: -------------------------------------------- MARADY SERVICE CO-OPERATIVE BANK LTD., NO.E57, SOUTH MARADY P.O., MOOVATTUPUZHA, REPRESENTED BY ITS SECRETARY. BY ADV. SRI.ALIAS M.CHERIAN RESPONDENTS: WORKMAN: ----------------------------------------- 1. MR.N.N.KARUNAKARAN NAIR, RESIDING AT NIRAPPEAL HOUSE, SOUTH MARADY P.O., MOOVATTUPUZHA. 2. INDUSTRIAL TRIBUNAL, ALAPPUZHA. BY ADV. SRI.N.K.SUBRAMANIAN - R1 SRI.S.ANANTHAKRISHNAN - R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/06/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.31996/2004 H APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE COMPLAINT DTD. 2/1/1998. EXT.P2: COPY OF SHOW CAUSE NOTICE DTD. 15/01/1998. EXT.P3: COPY OF THE REPLY NOTICE DTD. 19/01/1998 GIVEN BY THE RESPONDENT. EXT.P4: COPY OF THE NOTICE DTD. 6/2/1998 ISSUED TO THE RESPONDENT. EXT.P5: COPY OF THE STOCK VERIFICATION STATEMENT. EXT.P6: COPY OF THE CHARGE SHEET DTD. 19/06/1998. EXT.P7: COPY OF THE ENQUIRY REPORT DTD. 27/07/1998. EXT.P8: COPY OF THE SHOW CAUSE NOTICE DTD. 31/07/1998. EXT.P9: COPY OF THE DISMISSAL ORDER DTD. 18/08/1998. EXT.P10: COPY OF THE ORDER NO.CRP 6725/98 DTD. 17/06/1999 ISSUED BY THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES. EXT.P11: COPY OF THE APPEAL DTD. 24/09/1998. EXT.P12: COPY OF THE ORDER DTD. 24/09/1998. EXT.P13: COPY OF THE CLAIM STATEMENT IN I.D.NO.31/2001. EXT.P14: COPY OF THE STATEMENT OF OBJECTION DTD. 8/2/2002. EXT.P15: COPY OF THE PRELIMINARY ORDER DTD. 16/10/03. EXT.P16: COPY OF THE AWARD DTD. 15/05/2004 IN I.D.NO.31/2001. /TRUE COPY/ P.A.TO JUDGE Kss S.SIRI JAGAN, J = = = = = = = = = = = = = = = = W.P.(C).No. 31996 OF 2004 = = = = = = = = = = = = = Dated this the 3rd day of June, 2008. J U D G M E N T The petitioner is the management in I.D.No.31/01, who is challenging Ext.P6 award passed by the Industrial Tribunal, Alappuzha in that I.D. The issue referred for adjudication was validity of the dismissal of the workman namely, the 1st respondent herein. The 1st respondent was dismissed from service after conducting an enquiry into charges of serious misconducts involving misappropriation of money. Finding the petitioner guilty of the misconduct of misappropriation, the petitioner dismissed the 1st respondent from service which resulted in the I.D. in which Ext.P16 award was passed. In that award, although the Tribunal found the 1st respondent-workman guilty of the misconducts alleged against him, exercising powers under Section 11A of the Industrial Disputes Act, the punishment of dismissal converted into one of discharge. That part of the award converting the punishment into discharge is challenged in this writ petition. W.P.(C).No. 31996 OF 2004 2 Despite the seriousness of the misconduct conducted by the 1st respondent, I do not think that I should exercise my discretionary jurisdiction under Article 226 of the Constitution of India, to interfere with the award, in so far as the Tribunal had exercised its discretionary jurisdiction under Section 11A of the Industrial Disputes Act. I do not find any error of jurisdiction in so far as the punishment of dismissal has been converted as discharge only. Therefore I am not inclined to interfere with Ext.P16 award and accordingly the writ petition is dismissed. S.SIRI JAGAN, JUDGE bkn/-