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2006 Supreme(SC) 487

ARIJIT PASAYAT, TARUN CHATTERJEE
SOUTH INDIAN CASHEW FACTORIES WORKERS UNION – Appellant
Versus
KERALA STATE CASHEW DEVELOPMENT CORPN. LTD. – Respondent


Judgment

ARUIT 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 workman concerned was in the employment of the Kerala State Cashew Development Corporation Ltd. (hereinafter referred to as the Corporation), Respondent 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 members questioning correctness of the order passed by Respondent 1 reverting the workman concerned Shri S. Sivasankara Pillai, Manager, Grade II. He was designated as Manager, Grade II in Respondent ls 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 sections of that factory. On 8 - 9 - 1975


























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