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2014 Supreme(Ker) 698

THOTTATHIL B.RADHAKRISHNAN, P.B.SURESH KUMAR
FERTILIZERS AND CHEMICALS TRAVANCORE LTD. LIMITED, UDYOGAMANDAL – Appellant
Versus
JAMES PHILIP, PHILIP BHAVAN – Respondent


Advocates:
Advocate Appeared:
For the Appellant : SRI. E.K. NANDAKUMAR, SRI. A.K. JAYASANKAR NAMBIAR, SRI. P. BENNY THOMAS, SRI. ANIL D. NAIR.
For the Respondent: SRI. P. RAMAKRISHNAN.

JUDGMENT

Thottathil B. Radhakrishnan, J.

1. This appeal is against the decision of a learned single Judge, refusing to interfere at the instance of the establishment with an award passed by the Labour Court under the Industrial Disputes Act, 1947. Heard the learned senior counsel appearing for the appealing public sector undertaking and the learned counsel representing the workman.

2. The workman was removed from service invoking a notice alone and without further enquiry. The plea of the management was that no further enquiry was contemplated in terms of the relevant provisions and the terms of employment. The Labour Court, after admitting evidence to file, appreciated the rival contentions and concluded that the workman cannot be considered to have been on unauthorized absence or having abandoned his employment. Assimilating the entire material evidence on record, both documentary and oral, the Labour Court concluded that the workman was entitled to an order for reinstatement with 25% of backwages. An award was accordingly passed.

3. The learned senior counsel for the establishment argued that the findings of the Labour Court are perverse inasmuch as such findings and reasoning are n







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