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2006 Supreme(SC) 513

ARIJIT PASAYAT, TARUN CHATTERJEE
General Secretary, South Indian Cashew Factories Worker’s Union – Appellant
Versus
Managing Director, Kerala State Cashew Development Corporation LTD. – Respondent


JUDGMENT

Arijit Pasayat, J.—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 designed as Manager, Grade II in the respondent No.1’s establishment. He was charge-sheeted for misconduct of (1) causing willful 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 d



























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