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R.PARAMESWARAN NAIR versus HINDUSTAN NEWS PRINT LTD.

High Court of Kerala

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R.PARAMESWARAN NAIR v. HINDUSTAN NEWS PRINT LTD. - WP(C) No. 30809 of 2006(P) [2006] RD-KL 2566 (5 December 2006)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 30809 of 2006(P)

1. R.PARAMESWARAN NAIR,
... Petitioner

Vs

1. HINDUSTAN NEWS PRINT LTD.,
... Respondent

2. LABOUR COURT ERNAKULAM.

For Petitioner :SRI.P.RAMAKRISHNAN

For Respondent : No Appearance

The Hon'ble MR. Justice C.N.RAMACHANDRAN NAIR

Dated :05/12/2006

O R D E R

C.N. RAMACHANDRAN NAIR, J.

```````````````````````````````````````````````````` W.P. (C) Nos. 23390 H and 30809 P OF 2006 ````````````````````````````````````````````````````

Dated this the 5th day of December, 2006



J U D G M E N T

In both the connected cases, the management as well as the worker are challenging same order of the labour court upholding findings of the enquiry officer but interfering with the punishment imposed by the management. After hearing both sides and on going through the orders, I do not find any ground to interfere with the findings of the labour court upholding the findings of the enquiry officer. However, it is seen that the punishment is not proportionate to the gravity of the guilt that is, negligence in work leading to injury to a fellow worker. The delinquent worker was kept out of service for 9 years and the labour court reinstated him with 25% back wages. However, since the worker is retired, there is no scope for reinstatement. Having regard to the facts proved I feel ends of justice will be met if the labour court award is modified by deleting the direction to pay 25% back wages to the worker because the labour court has upheld the findings of guilt of the worker. However, since the delinquent worker was kept out of employment for nearly 9 years, I feel the same will itself serve as sufficient punishment. Accordingly, the award is modified by deleting direction to pay 75% back wages but with direction to the management to give retirement benefits to the worker treating him as notionally in service in that rank for the period he was kept out of service.

(C.N. RAMACHANDRAN NAIR, JUDGE)

aks


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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