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 WEDNESDAY, THE 16TH SEPTEMBER 2009 / 25TH BHADRA 1931 WA.No. 1861 of 2008 --------------------- AGAINST THE JUDGEMENT IN WPC.10295/2004 Dated 02/06/2008 .................... APPELLANT/PETITIONER: --------------------------- THE REGIONAL MANAGER, CENTRAL BANK OF INDIA, GOPAL BUILDING, THYVILA ROAD, THIRUVANANTHAPURAM. BY ADV. SRI.V.M.KURIAN SRI.MATHEW B. KURIAN SRI.K.T.THOMAS RESPONDENTS/RESPONDENTS: ---------------------------------- 1. M.G.SUJATHA, MANICKATHU HOUSE, EZHUMATTUR P.O., THIRUVALLA, PATHANAMTHITTA DISTRICT. 2. THE INDUSTRIAL TRIBUNAL, KOLLAM. R1 BY ADV. SRI.H.B.SHENOY SRI.B.ASHOK SHENOY THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 16/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R. Bannurmath, C.J. & A.K. Basheer, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.A.No. 1861 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 16th day of September, 2009 JUDGMENT S.R.Bannurmath, C.J. Aggrieved by the conformation of the award by the learned Single Judge, the Management Bank has approached this Court in the present appeal. 2. Respondent No.1 workman who was working as sweeper with the Management for more than 240 days was aggrieved by the termination of her service by way of retrenchment and approached the Industrial Tribunal. After giving opportunity to both sides and considering the material records produced, the Tribunal through the impugned award found that the Management Bank has not produced all the documents necessary for adjudication including those requested by the workman and as such drawing adverse inference and even otherwise finding that the workman has established that she had worked for more than 240 days, passed the impugned award holding that the action of the Management in terminating the services of the workman is illegal and as such directed the Management to reinstate her WA No.1861 of 2008 -:2:- in service with continuity of service and 50% of back wages. 3. Aggrieved by the same, the Management approached this Court. In the impugned judgment the learned Single Judge has taken into consideration all the facts once again and on re-appreciation of the entire materials, affirmed the award. So far as the question of delay as alleged by the Management is concerned, though the Tribunal awarded entire back wages, the learned Single Judge has deemed it proper in the facts and circumstances of the case and because of the delay, restrict the back wages to 50% as against the full back wages awarded by the Tribunal. We find that there are absolutely no grounds made out to hold that the judgment of the learned Single Judge is either arbitrary, illegal or perverse. Hence we find no merit in the appeal and the same is rejected. S.R. Bannurmath, Chief Justice. A.K. Basheer, Judge. ttb WA No.1861 of 2008 -:3:-