GENERAL SECRETARY SOUTH INDIAN CASHEW FACTORIES WORKERS UNION Vs. MANAGING DIRECTOR KERALA STATE CASHEW DEVELOPMENT CORPORATION LTD
LAWS(SC)-2006-5-99
SUPREME COURT OF INDIA (FROM: KERALA)
Decided on May 12,2006

GENERAL SECRETARY, SOUTH INDIAN CASHEW FACTORIES WORKER'S UNION Appellant
VERSUS
MANAGING DIRECTOR, KERALA STATE CASHEW DEVELOPMENT CORPORATION LTD. Respondents





Cited Judgements :-

EMPLOYERS IN RELATION TO THE MANAGEMENT OF MALKERA COLLIERY OF TATA IRON AND STEEL COMPANY LTD VS. CONCERNED WORKMAN RAM LAKHAN DUSADH [LAWS(JHAR)-2010-4-70] [REFERRED TO]
INDUSTRIAL CO-OPERATIVE BANK LTD. VS. STATE OF ASSAM [LAWS(GAU)-2023-6-74] [REFERRED TO]
GENERAL MANAGER, BHOWRA AREA OF M/S BHARAT COKING COAL LTD VS. THEIR WORKMAN [LAWS(JHAR)-2019-8-54] [REFERRED TO]
ALIJAN MIAN VS. EMPLOYERS IN RELATION TO THE MANAGEMENT [LAWS(JHAR)-2020-2-188] [REFERRED TO]
MANAGEMENT OF KSRTC VS. K M DADA [LAWS(KAR)-2016-10-103] [REFERRED TO]
MANAGEMENT OF INDIA PISTONS LTD. VS. I. INBAKUMAR [LAWS(MAD)-2019-8-538] [REFERRED TO]
MANAGEMENT OF PALLAVAN TRANSPORT CORPORATION VS. ANBAZHAGAN [LAWS(MAD)-2010-11-261] [REFERRED TO]
V PERIYAKARUPPAN VS. TAMIL NADU STATE TRANSPORT CORPORATION [LAWS(MAD)-2009-11-342] [REFERRED TO]
MANAGEMENT VS. PRESDING OFFICER LABOUR COURT [LAWS(MAD)-2011-1-243] [REFERRED TO]
THE DIVISIONAL CONTROLLER NEKRTC BIDAR DIVISION BIDAR BY ITS CHIEF LAW OFFICER VS. VITHAL S/O SHARNAPPA HADPAD AGE: 37 YEARS, CCC. EX.CONDUCTOR HUMNABAD, DEPIOT, R/O MANGALI, TQ. HUMNABAD D IST. BIDAR [LAWS(KAR)-2017-1-49] [REFERRED TO]
THE DIVISIONAL CONTROLLER, KSRTC, DAVANAGERE DIVISION DANVANGERE VS. T.M. GURUMURTHY [LAWS(KAR)-2017-2-159] [REFERRED TO]
MANAGEMENT OF KSRTC DAVANGERE DIVISION VS. S H JAYARAMA, [LAWS(KAR)-2014-3-448] [REFERRED TO]
EMPLOYERS MANAGEMENT WEST BOKARO COLLIERY OF TISCO LTD VS. CONCERNED WORKMAN RAM PRAVESH SINGH [LAWS(SC)-2008-2-93] [REFERRED TO]
DIVISIONAL CONTROLLER VS. ARJUNBHAI MOHAN-BHAI VAGHELA [LAWS(GJH)-2018-3-7] [REFERRED TO]
MAKSUD ABDULKAIYAM GATLI VS. S.T. CORPORATION [LAWS(GJH)-2018-7-137] [REFERRED TO]
VINAYAK HIMMATLAL RAWAL VS. BHARAT PETROLEUM LIMITED [LAWS(GJH)-2018-9-239] [REFERRED TO]
BINAY KUMAR PADHI VS. STATE BANK OF INDIA, BHUBANESWAR [LAWS(ORI)-2021-3-43] [REFERRED TO]
JITESH KANAIYALAL THAMWALA VS. DJ CHAUHAN [LAWS(GJH)-2008-3-9] [REFERRED]
RADHE SHYAM SAXENA VS. STATE OF U P [LAWS(ALL)-2012-6-21] [REFERRED TO]
KEWAL KRISHAN VS. PRESIDING OFFICER INDUSTRIAL TRIBUNAL [LAWS(DLH)-2011-7-362] [REFERRED TO]
SHUBHA SUDHIR THAKUR PRINCIPAL M.S.M. HIGH SCHOOL VS. PS SHINDE PRESIDENT [LAWS(GJH)-2007-11-35] [REFERRED TO]
PRAFULCHANDRA RAMINKLAL SHAH VS. BANASKANTHA DISTRICT CENTRAL COOPERATIVE BANK LIMITED [LAWS(GJH)-2018-7-252] [REFERRED TO]
DIVISIONAL CONTROLLER VS. PRATAP JAGDISHCHANDRA JAGANI [LAWS(GJH)-2018-9-346] [REFERRED TO]
DIVISIONAL CONTROLLER VS. FATEHSINH RUMALBHAI PARMAR & 1 [LAWS(GJH)-2018-2-302] [REFERRED TO]
WORKMAN OF GHOGRAJAN TEA ESTATE VS. MANAGEMENT OF GHOGRAJAN TEA ESTATE [LAWS(GAU)-2015-12-86] [REFERRED TO]
ASSAM SANGRAMI CHAH SRAMIK SANGHA VS. PRESIDING OFFICER [LAWS(GAU)-2018-1-58] [REFERRED TO]
DEPOT MANAGER VS. MORLA MAHESWAR [LAWS(TLNG)-2022-3-57] [REFERRED TO]
MANAGEMENT OF SUNDARAM FASTENERS LIMITED VS. PRESIDING OFFICER [LAWS(MAD)-2010-11-299] [FOLLOWED ON]
V. SANKARANARAYANAN VS. THE PRESIDING OFFICER [LAWS(MAD)-2014-9-270] [REFERRED TO]
KARNATAKA STATE ROAD TRANSPORT CORPORATION, REP. BY ITS CHIEF LAW OFFICER VS. G. KENCHAPPA [LAWS(KAR)-2013-12-380] [REFERRED TO]
THE DIVISIONAL CONTROLLER, K.S.R.T.C. VS. JYOTIRLINGAPPA [LAWS(KAR)-2015-12-159] [REFERRED TO]
VIKRAM SHARMA VS. STATE BANK OF INDORE [LAWS(MPH)-2011-11-28] [REFERRED TO]
DEPOT MANAGER, APSRTC VS. P.PRABHAKAR [LAWS(APH)-2014-3-164] [REFERRED TO]
RAJABHAI R GADHAVI VS. DIVISIONAL CONTROLLER [LAWS(GJH)-2010-5-18] [REFERRED TO]
VADILAL INDUSTRIES PVT. LTD. VS. DINESH ISHWARLAL THAKKER [LAWS(GJH)-2017-4-424] [REFERRED TO]
DIVISIONAL CONTROLLER VS. S.T. KARMACHARI MAHAMANDAL INTUK [LAWS(GJH)-2018-7-188] [REFERRED TO]
DIVISIONAL CONTROLLER VS. INDUSTRIAL TRIBUNAL & 1 [LAWS(GJH)-2018-2-178] [REFERRED TO]
ARVIND S/O RAMNATH LIPANE VS. MULA SAHAKARI SAKHAR KARKHANA LTD [LAWS(BOM)-2012-7-61] [REFERRED TO]
ALIJAN MIAN VS. BHARAT COKING COAL LIMITED [LAWS(JHAR)-2020-2-3] [REFERRED TO]
KERALA CO-OPERATIVE MILK MARKETING FEDERATION LTD VS. K T MATHEW\ GENERAL MANAGER [LAWS(KER)-2018-7-605] [REFERRED TO]
DIVISIONAL CONTROLLER, KSRTC VS. H.G. BASAVEGOWDA TRAFFIC CONTROLLER [LAWS(KAR)-2013-9-107] [REFERRED TO]
R PATTABHI VS. TAMIL NADU MINERALS LIMITED [LAWS(MAD)-2010-8-251] [REFERRED TO]
GUJARAT STATE ROAD TRANSPORT CORPORATION VS. BHIKHABHAI G. PATEL [LAWS(GJH)-2014-2-146] [REFERRED TO]
P.T.JOSEPH,POONATTU HOUSE VS. IDUKKI DISTRICT TAXI DRIVERS CO-OPERATIVE SOCIETY LTD. [LAWS(KER)-2018-10-38] [REFERRED TO]
Bangalore Metropolitan Transport Corporation Central Offices, K.H. Road, Shanthinagar, Bangalore-560027 By Its Managing Director Now Rep. By Its Chief Law Officer VS. P. Mahadeva, Major Assistant Artisan Badge No. 2241, 19th Depot BMTC. Jayanaga [LAWS(KAR)-2011-12-78] [REFERRED TO]
BARODA HIGH SCHOOL JUNIOR PRIMARY SCHOOL VS. BABUBHAI CHHAGANBHAI PARMAR [LAWS(GJH)-2021-3-31] [REFERRED TO]
JAYANT PRABHUBHAI PATEL VS. DINESH MILLS LTD [LAWS(GJH)-2006-8-36] [REFERRED TO]
GUJARAT STATE ROAD TRANSPORT CORPORATION VS. SAVJIBHAI KARSANBHAI SAVANI & 1 [LAWS(GJH)-2018-2-105] [REFERRED TO]
NARESHBHAI B MEHTA VS. DIVISIONAL CONTROLLER [LAWS(GJH)-2013-11-222] [REFERRED TO]
BIECCO LAWRIE LTD VS. STATE OF WEST BENGAL [LAWS(SC)-2009-7-41] [REFERRED TO]
KARNATAKA STATE ROAD TRANSPORT CORPORATION VS. M. C. SATISH [LAWS(KAR)-2023-5-522] [REFERRED TO]
RAJA RAM VS. PRESIDING OFFICER INDUSTRIAL TRIBUNAL CUM LABOUR COURT PANIPAT [LAWS(P&H)-2011-7-12] [REFERRED TO]
Divisional Controller Karnataka State Road Transport Corporation VS. C.K. Basavaraju [LAWS(KAR)-2013-8-165] [REFERRED TO]
THE DIVISIONAL CONTROLLER, KARNATAKA STATE ROAD, TRANSPORT CORPORATION VS. SHIVASHANKARA KWARADI [LAWS(KAR)-2015-12-129] [REFERRED TO]
DIVISIONAL CONTROLLER KSRTC, DAVANAGERE DIVISION VS. B S MALLAD, MAJOR [LAWS(KAR)-2014-6-340] [REFERRED TO]
KARNATAKA STATE ROAD TRANSPORT CORPORATION, DAVANAGERE VS. N.S. HANAGODIMATH [LAWS(KAR)-2016-10-56] [REFERRED TO]
CUDDALORE DISTRICT CENTRAL CO-OPERATIVE BANK LTD. VS. PRESIDING OFFICER [LAWS(MAD)-2013-6-30] [REFERRED TO]
ALLAHABAD BANK VS. PRESIDING OFFICER [LAWS(ALL)-2012-4-165] [REFERRED TO]
MANJU PANDEY VS. UNION OF INDIA AND ORS. [LAWS(DLH)-2016-3-140] [REFERRED TO]
AHMEDABAD MUNICIPAL TRANSPORT SERVICE VS. ROHITBHAI KHODABHAI PRAJAPATI [LAWS(GJH)-2018-7-76] [REFERRED TO]
HUKUM CHAND VS. STATE SERVICES TRIBUNAL U P LUCKNOW [LAWS(ALL)-2007-12-137] [REFERRED TO]
MANAGEMENT OF GHOGRAJAN TEA ESTATE VS. WORKMAN OF GHOGRAJAN TEA ESTATE [LAWS(GAU)-2019-1-105] [REFERRED TO]
BANGALOR MAHANAGAR SARIGE SAMSTHE VS. SHIVARUDREAIH [LAWS(KAR)-2012-1-59] [REFERRED TO]
Management of KSRTC Davanagere Division Davanagere Now Rep. by Its Chief Law Officer Central Office, K.H. Road Bangalore VS. T. Kalyana Gowda Traffic Controller (Conductor) KSRTC, Davanagere Division Davanagere [LAWS(KAR)-2011-12-371] [REFERRED TO]
SUNIL KUMAR MOHANTY VS. KALAHANDI ANCHALIKA GRAMYA BANK [LAWS(ORI)-2020-3-11] [REFERRED TO]
MANAGEMENT OF MADURANTAKAM COOPERATIVE SUGAR MILLS LTD VS. PRESIDING OFFICER [LAWS(MAD)-2009-1-232] [REFERRED TO]
DIVISIONAL CONTROLLER, K.S.R.T.C., BENGALURU VS. MALLIKARJUNAIAH [LAWS(KAR)-2017-1-175] [REFERRED TO]
DIVISIONAL CONTROLLER,DIVISIONAL OFFICE, KARNATAKA STATE ROAD TRANSPORT CORPORATION VS. RANGE GOWDA S/O LATE HANUMANTHE GOWDA [LAWS(KAR)-2013-11-444] [REFERRED]
THE DIVISIONAL CONTROLLER, KSRTC, REP. BY ITS CHIEF LAW OFFICER VS. SRI. K. SURESH KATTIGEHALLI KOTRAPPA [LAWS(KAR)-2013-12-401] [REFERRED TO]
GUJARAT STATE ROAD TRANSPORT CORPORATION VS. RANJITSINH ANOPSINH GOHIL [LAWS(GJH)-2018-6-83] [REFERRED TO]
DIVISIONAL CONTROLLER VS. PRESIDENT [LAWS(GJH)-2018-6-101] [REFERRED TO]
MADAN GOPAL VS. STATE OF U P [LAWS(ALL)-2010-1-49] [REFERRED TO (PARAGRAPH 16). 4.]
DEPUTY CONSERVATOR OF FORESTS VS. PARVATI UPADHYAY [LAWS(CAL)-2012-9-101] [REFERRED TO]
DELHI TRANSPORT CORPORATION VS. SHYAM SINGH [LAWS(DLH)-2012-3-571] [REFERRED TO]
RAJKOT PEOPLES COOPERATIVE BANK LTD VS. BHARATBHAI HAZARE [LAWS(GJH)-2008-4-91] [REFERRED TO]
DIVISIONAL CONTROLLER, G.S.R.T.C. VS. ANOPSINH BECHARSINH PARMAR AND ANOTHER [LAWS(GJH)-2017-1-146] [REFERRED TO]
UNION OF INDIA VS. ASHOKKUMAR TIWARI [LAWS(MPH)-2013-5-41] [REFERRED TO]
SAJJAD KHAN VS. BHARAT COKING COAL [LAWS(JHAR)-2021-2-97] [REFERRED TO]
BIHAR STATE ROAD TRANSPORT CORPORATION VS. A SATTAR WAHIDI [LAWS(PAT)-2011-6-28] [REFERRED TO]
ZONAL SECRETARY VS. GENERAL MANAGER [LAWS(MPH)-2019-9-237] [REFERRED TO]
Bangalore Metropolitan Transport Corporation K.H. Road, Bangalore By Its Chirp Traffic Manager Represented By Its Chief law Officer VS. Basava Rajaiah Adult C/o General Secretary KSRTC and Bmtc Untied Emplyees Union No. 23, 4th Main Road Mathike [LAWS(KAR)-2012-1-148] [REFERRED TO]
M P ROAD TRANSPORT CORPORATION VS. MOHAMMAD ISMAIL [LAWS(MPH)-2010-3-24] [REFERRED TO]
REGIONALMANAGER U P STATE ROAD TRANSPORT CORPORATION VS. MOHAN LAL [LAWS(ALL)-2007-2-153] [REFERRED TO]


JUDGEMENT

Arijit Pasayat, J. - (1.)Challenge in this appeal is to the legality of judgment rendered by a Division Bench of the Kerala High Court setting aside the judgment of a learned Single Judge. By the impugned judgment it was held that the punishment of reversion passed by the disciplinary authority was proper. The concerned workman was in the employment of Kerala State Cashew Development Corporation Ltd. (hereinafter referred to as the Corporation) the respondent No.1 in this appeal.
(2.)Background facts in a nutshell are as follows : The appellant-Union raised an industrial dispute on behalf of one of its member questioning correctness of the order passed by respondent No.1 reverting the concerned workman Sh. S. Sivasankara Pillai, Manager, Grade II. He was designated as Manager, Grade II in the respondent No.1s establishment. He was charge-sheeted for misconduct of (1) causing wilful loss to the Corporation; (2) habitual breach of rules; (3) making false allegations against superior officers; (4) gross negligence of duty. The essence of allegations raised against him was that by order dated 1-2-1975 he was put in charge of filling and packing section of that factory. On 8-9-1975 he did not arrange work in the filling section and that occasioned considerable loss to the factory. On 11-9-1975 the filling work suffered for about 1 1/2 hours due to his indifferent attitude. On 16-9-1975 no work was done in the filling and packing sections, though the workmen were ready to work. Because of this non-cooperation and indifference, huge loss was caused to the Corporation. Dissatisfied with the explanation submitted by the employee, a domestic enquiry was conducted. The Assistant Personnel Manager of the respondent establishment conducted the enquiry. The enquiry officer submitted a report holding that the charges were proved in the enquiry. After considering the findings of the enquiry officer and seriousness of the charges levelled against the employee, the Management imposed a punishment by reverting the employee as factory clerk, but the salary he was drawing was protected. According to the respondent-Management, he was not dismissed from service by taking a lenient view, even though the misconducts proved in the enquiry were serious.
(3.)The appellant-Union filed statement before the Labour Court questioning the enquiry as well as the punishment imposed. The respondent-management in its pleadings raised three preliminary points:
(1) Whether the order of reference is proper and valid.

(2) Whether the enquiry held is proper and valid.

(3) Whether the findings of the enquiry officer are based on legal evidence or whether the same are perverse



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