IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR TUESDAY, THE 4TH AUGUST 2009 / 13TH SRAVANA 1931 OP.No. 2464 of 2002(R) ---------------------- PETITIONER(S): --------------- V.MANI, RESIDING AT PUTHPADI, CHANDRAMALA ESTATE, NELLIYAMPATHY, PALAKKAD DISTRICT. BY ADV. SRI.V.CHITAMBARESH RESPONDENT(S): --------------- 1. THE LABOUR COURT, KOZHIKODE. 2. THE MANAGER, CHANDRAMALA ESTATE, NELLIYAMPATHY, PALAKKAD DISTRICT. ADV. SRI.N.N.SUGUNAPALAN, SENIOR ADVOCATE FOR R2 THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 04/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 ORDER ON CMP4364 OF 2002 IN OP 2464 OF 2002 DISMISSED 4.8.2009 SD/-C.N.RAMACHANDRAN NAIR, JUDGE. APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE AWARD PASSED IN I.D. NO50/1995 DATED 20.11.2000 RESPONDENTS' EXHIBITS: NIL. TRUE COPY P.S. TO JUDGE. C.N. RAMACHANDRAN NAIR, J. -------------------------------------------- O.P. NO. 2464 OF 2002 -------------------------------------------- Dated this the 4th day of August, 2009 JUDGMENT O.P. Is filed challenging Ext.P1 award. I have heard counsel appearing for the petitioner, and counsel for the second respondent, and I have gone through the award. It is the finding of the Labour Court that enquiry was properly conducted after giving opportunity to the delinquent employee. Further, the misconduct alleged is very serious in nature. Besides this the very same employee was found guilty of indiscipline in another enquiry evidenced by Ext.P3. Even though counsel for the petitioner submitted that the discharge imposed by the Labour Court is disproportionate to the nature and gravity of indiscipline, I am unable to accept this contention because this is a case where employee's conduct led to loss to management and damage to machinery. I am of the view that Labour Court was considerate in reducing the punishment from dismissal to discharge. OP is therefore devoid of any merit and is dismissed. (C.N. RAMACHANDRAN NAIR) Judge kk 2