IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE A.K.BASHEER THURSDAY, THE 3RD DECEMBER 2009 / 12TH AGRAHAYANA 1931 WA.No. 2610 of 2009 --------------------- AGAINST THE JUDGEMENT IN WPC.5515/2004 Dated 27/03/2009 .................... APPELLANT/PETITIONER: --------------------------- THE PRESIDENT, KSHEEROLPADAKA CO-OPERATIVE SOCIETIES LTD.NO.170 (D) APCOS, PANAVALLY P.O., CHERTHALA. BY ADV. SRI.V.G.ARUN SRI.T.R.HARIKUMAR RESPONDENTS/RESPONDENTS: ---------------------------------- 1. K.R.CHAKRAPANI, KUNNELVELI, K.R.PURAM P.O., CHERTHALA, (PRESIDENT KERALA CO-OPERATIVE MILK SOCIETIES EMPLOYEES ASSOCIATION, I.N.T.U.C.-1), TALUK COMMITTEE, CHERTHALA. 2. M.KARTHIKEYAN, NIKARTHIL HOUSE, PANAVALLY P.O., CHERTHALA 688 566. BY ADV. SRI.ALIAS M. CHERIYAN. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 03/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R.Bannurmath, C.J. & A.K. Basheer, J. ------------------------------------------ W.A. No.2610 of 2009 ------------------------------------------ Dated this the 3rd day of December, 2009 JUDGMENT S.R.Bannurmath, C.J. Aggrieved by the judgment of the learned Single Judge dismissing W.P.(C) No.5515 of 2004 and confirming the award passed by the Labour Court directing reinstatement of the workman, the present writ appeal is filed. 2. The appellant is the management under whom the second respondent was working as the Secretary. On the charge of misappropriation, his services came to be terminated during the domestic enquiry which was challenged before the Labour Court. It is to be noted that during the domestic enquiry though it was found that the domestic enquiry was not proper, nevertheless, in the absence of any contra indicating material even in the form of objections or evidence by the management, relying upon the facts situation as well as the evidence of the workman, the Labour Court allowed the dispute and awarded reinstatement with 70% of the backwages and other benefits. W.A.No.2610 of 2009. - 2 - 3. It is to be noted that the attitude of the appellant/management was totally indifferent throughout and this is obvious from the fact that even after the award passed and the workman filed a petition under Section 33C(2) of the Industrial Dispute Act, the same was also not contested. On the face of these facts, we find that the learned Single Judge was justified in rejecting all the claims of the appellant and upholding the award passed by the Labour Court directing reinstatement of the workman with backwages to the tune of 70% and all other benefits. 4. We find absolutely no merit in the present writ appeal and, therefore, upholding the judgment of the learned Single Judge as well as the award passed by the Labour Court, we dismiss the same. S.R.Bannurmath, Chief Justice A.K. Basheer, Judge vns