IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN MONDAY, THE 6TH SEPTEMBER 2010 / 15TH BHADRA 1932 WA.No. 2326 of 2009() --------------------- AGAINST THE JUDGEMENT IN OP.10244/2001 Dated 22/06/2009 .................... APPELLANT/PETITIONER: ------------------------- PALAI MARKETING CO-OPERATIVE SOCIETY EMPLOYEES UNION, I.N.T.U.C., REGISTER NO.236/76, PULIYANNUR, PALAI.P.O., REPRESENTED BY ITS SECRETARY. BY ADV. SRI.N.SUKUMARAN SRI.S.SHYAM SRI.N.K.KARNIS RESPONDENTS: --------------- 1. PRESIDENT, PALAI MARKETING CO-OPERATIVE SOCIETY LTD.NO.4214, INDIAN CRUB FACTORY, PULIYANNOOR P.O., PALAI-686 573. 2. MANAGING DIRECTOR, PALAI MARKETING CO-OPERATIVE SOCIETY LTD.NO.4214, INDIAN CRUB FACTORY, PULIYUANNOOR P.O., PALAI-686 573. 3. PRESIDING OFFICER, LABOUR COURT, ERNAKULAM, COCHIN-31. 4. STATE OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY, SECRETARIAT, TRIVANDRUM. G.P. SMT.ANU SIVARAMAN FOR R3&4 SRI.JOSE THOMAS (PALA) FOR R1 & R2 THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 06/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & K.SURENDRA MOHAN, JJ. .................................................................... Writ Appeal No.2326 of 2009 .................................................................... Dated this the 6th day of September, 2010. JUDGMENT Ramachandran Nair, J. Heard Senior counsel Sri.N.Sukumaran appearing for the appellant. The appellant is the Union which has approached this court challenging the order of the Labour Court converting the order of dismissal as an order of discharge in the case of a workman. The indiscipline that led to the punishment on the workman is rude behaviour to the Factory Manager including locking up the Manager in his room and intimidating him. The Labour Court upheld the validity of enquiry but converted the penalty from dismissal to discharge. Before Single Judge the appellant canvassed the position that industry is one to which the Industrial Employment (Standing Orders) Act, 1946 was applicable and they have not got the Standing Orders certified. However, the learned Single Judge held that even during the period the Standing Orders remained to be certified, Model Standing Orders were applicable and so much so, the worker has no escape from punishment 2 for an act of indiscipline. Even though Senior Counsel submitted that Model Standing Orders can be applied only when application for certification is made, we do not find any justification because the act of indiscipline in this case is a criminal offence of wrongful confinement of a Factory Manager in his room by the delinquent employee. We find no merit in the Writ Appeal and the same is dismissed. C.N.RAMACHANDRAN NAIR Judge K.SURENDRA MOHAN Judge pms