G LAKSHMANAN Vs. PRESIDING OFFICER

JUDGEMENT

(1.) THIS writ petition has been filed praying for a Writ of Certiorarified Mandamus to call for and quash the records relating to the award of the first respondent Labour Court, dated 5.10.2004, made in I.D.No.13 of 1999, and to direct the second respondent to reinstate the petitioner, with continuity of service, backwages and all other attendant benefits.

(2.) THE petitioner has stated that he had joined the second respondent Cooperative Bank in the month of June, 1975, as a Senior Assistant. Since then he has been discharging his duties efficiently, without any blemish. However, since the petitioner has been raising certain issues, with regard to the unfair practices being followed by the management of the second respondent Bank, in giving promotion to the petitioner, he has been victimized. THE second respondent Bank had issued a charge memo, dated 6.3.1993, alleging that the petitioner had acted against the regulations relating to the service conditions of the employees and that he had made false reports to higher authorities against the management of the second respondent Bank. Such acts of the petitioner amounted to `indiscipline-, as per Regulation Nos.6, 14 and 16.

(3.) THE petitioner had submitted that he had never intended to malign the image of the second respondent Bank. THE action of the petitioner, in bringing to light certain irregularities committed by the management of the second respondent Bank cannot amount to indiscipline, as per regulation Nos.6, 14 and 16. THE punishment imposed on the petitioner is grossly disproportionate. THE first respondent Labour Court, without considering the contentions raised by the petitioner had passed the award, dated 5.10.2004, in I.D.No.13 of 1999, confirming the order passed by the second respondent Bank, removing the petitioner from service.