IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL.B.RADHAKRISHNAN TUESDAY, THE 22ND JANUARY 2008 / 2ND MAGHA 1929 OP.No. 8863 of 2002(E) ---------------------- PETITIONER: ------------ THE SECRETARY, ELAVANCHERY SERVICE SAHAKARANA BANK LTD.NO.517, ELAVANCHERY. BY ADV. SRI.P.SANTHOSH KUMAR (PANAMPALLI NAGAR) RESPONDENTS: ------------- 1. THE INDUSTRIAL TRIBUNAL, PALAKKAD. 2. NARAYANA MOORTHY,S/O.PONNU MANNADIAR, THARAVAMTHOTTATHU HOUSE, THOOTTIPPADOM,VATTEKKADU, KOLLENCODE. BY GOVERNMENT PLEADER SMT.M.K.PUSHPALATHA SRI.K.R.RAGHUNATH THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 22/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON C.M.P.NO.15863/02 IN O.P.NO.8863/02 DISMISSED 22-01-2008 Sd/-,THOTTATHIL.B.RADHAKRISHNAN, JUDGE APPENDIX IN O.P.NO.8863/02 PETITIONER'S EXHIBITS EXT.P1 TRUE COPY OF AWARDDTD.4-12-00 OF THE FIRST RESPONDENT IN I.D.NO.93/99 PUBLISHED IN KERALA GAZETTE NO.28 DTD. 10-07-2001. EXT.P2 TRUE COPY OF STATEMENT DTD. 27-6-00 SUBMITTED BY THE PETITIONER BEFORE THE FIRST RESPONDENT. /True Copy/ PA to Judge THOTTATHIL.B.RADHAKRISHNAN, J. --------------------------------- O.P.No.8863 OF 2002 ------------------------------------ Dated this the 22nd day of January, 2008 JUDGMENT Having heard learned counsel for the parties for quite some time, on merits, I am satisfied that the findings of the Industrial Tribunal as regards the proceedings and the merits, do not call for interference. During the course of arguments, it appeared that it would be justifiable, if the employer society considers letting the delinquent go under compulsory retirement, than be dismissed from service. Learned counsel for the employer society submits on instructions from his client that the employer is willing to do so. In the aforesaid circumstances, this writ petition is disposed of modifying the award of the Industrial Tribunal and the punishment of dismissal of the delinquent-second respondent as one for retirement from the date of dismissal. Any benefits due on such conversion of the punishment will be released by the employer to the delinquent as early as possible. Appropriate OP.No.8863/02 2 credits and debits shall be made in relation to the Provident Fund Account as may be necessary. THOTTATHIL.B.RADHAKRISHNAN JUDGE sv