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C.A.JOHNY versus THE GENERAL MANAGER

High Court of Kerala

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C.A.JOHNY v. THE GENERAL MANAGER - WA No. 142 of 2005 [2006] RD-KL 3024 (11 December 2006)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WA No. 142 of 2005()

1. C.A.JOHNY,
... Petitioner

Vs

1. THE GENERAL MANAGER,
... Respondent

2. THE LABOUR COURT, ERNAKULAM.

For Petitioner :SRI.P.RAMAKRISHNAN

For Respondent :SRI.U.K.RAMAKRISHNAN

The Hon'ble the Chief Justice MR.V.K.BALI The Hon'ble MR. Justice C.N.RAMACHANDRAN NAIR

Dated :11/12/2006

O R D E R

V.K. BALI, C.J. & C.N.RAMACHANDRAN NAIR, J.

W.A.No.142 of 2005

Dated, this the 11th day of December, 2006



JUDGMENT

V.K.Bali,C.J.(Oral) The petitioner workman was involved in a theft. The departmental enquiry led to his dismissal. In the reference sought by the workman even though the enquiry report might have been set aside, but the management was given a fresh opportunity to lead evidence to prove his guilt which has been established before the Labour Court. The reference sought by the workman was thus rejected. This order was challenged in the writ petition which has been dismissed by the learned Single Judge vide order dated 22nd November, 2004 and it is this order that has been challenged in the present writ appeal.

2. There is absolutely no scope for interference as the findings with regard to the guilt of the appellant are question of facts and in our view the same have been appropriately discussed W.A.No.142/2005 2 by the concerned Labour Court and the findings returned by it have since been affirmed by the learned Single Judge. No merits. Dismissed. V.K. BALI, CHIEF JUSTICE. C.N.RAMACHANDRAN NAIR,

JUDGE.

vns


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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