IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 24TH NOVEMBER 2009 / 3RD AGRAHAYANA 1931 WP(C).No. 24152 of 2009(L) -------------------------- ID.192/2006 of LABOUR COURT, ERNAKULAM .................... PETITIONER(S): --------------- THE PRESIDENT, COCHIN REFINERIES EMPLOYEES' CONSUMER CO-OP.SOCIETY LTD, AMBALAMUGHAL, COCHIN-682 302. BY ADV. SRI.E.K.NANDAKUMAR SRI.A.K.JAYASANKAR NAMBIAR SRI.K.JOHN MATHAI SRI.P.BENNY THOMAS SRI.ANIL D. NAIR RESPONDENT(S): --------------- 1. THE GENERAL SECRETARY, CRECCS CANTEEN EMPLOYEES UNION, AMBALAMUGHAL, COCHIN-682 302. 2. CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT, KARITHALA LANE, ERNAKULA, KCOHI- 682 016. ADV. SMT.A.K.PREETHA FOR R1 SRI.M.R.RAJESH FOR R1 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P(C).No.24152 of 2009 ================== Dated this the 24th day of November, 2009 J U D G M E N T The petitioner is the management in I.D.No.192/2006 before the Central Government Industrial Tribunal-cum-Labour Court, Ernakulam. In this writ petition they are challenging Ext.P8 award in that I.D. 2. The issues referred for adjudication were: “1. Whether the employees Sh.N.B.Sajeevan, Alexander Itoop and A.K.Aboobacker were proved guilty of the charges of neglecting the work? 2. Whether the punishment imposed was just, proper and proportionate to the misconduct? If not, what relief the employees are entitled to ?” 3. Since the workmen were punished after conducting an enquiry, the Tribunal considered the question of validity of that enquiry in the first instance. There was no contest regarding the procedure adopted by the enquiry officer for conducting the enquiry. The only contention was regarding the sustainability of the findings. The Tribunal examined the evidence adduced in the enquiry and came to the conclusion that there was no evidence in the enquiry to find the workmen guilty of the misconduct alleged against them. Since the findings of the enquiry officer were found to be unsustainable, the Tribunal set aside the punishment also. That award is under challenge before me. 4. I have considered the matter in detail. W.P.C.24152/09 2 5. I have perused the award. From the same I find that the Tribunal returned a verdict of not guilty since none of the witnesses examined on the side of the management stated that they had seen the workmen committing the misconduct. The Tribunal came to the finding that there was no evidence adduced before the enquiry officer to connect the workmen to the incident constituting the misconduct. The Tribunal also considered the contentions of the management that the circumstances warranted such a conclusion although there is no direct evidence in so far as it is next to impossible to get any direct evidence of such misconduct which was mixing common salt in drinking water kept in the canteen used by the officers of the management. The Tribunal found that the circumstances also did not warrant such a conclusion. It is settled law that this Court can interfere with the awards of the Industrial Tribunals and Labour Courts in industrial disputes only if the findings are perverse wherever the award is passed on the basis of findings of fact. After reading Ext.P8 award I have no reason whatsoever to conclude that the reasoning given by the Tribunal is in any way perverse. Of course, the learned counsel for the petitioner has got another contention that after finding that the findings are not sustainable, the Tribunal should have given the management another opportunity to adduce evidence in support of their case. I do not think that this is a fit case to consider that W.P.C.24152/09 3 contention in so far as despite the best efforts of the management, they were unable to produce any reliable evidence before the enquiry officer. Therefore, I do not find any merit in the writ petition and accordingly, the same is dismissed. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge