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2020 Supreme(Ker) 227

RAJA VIJAYARAGHAVAN V.
Manager, Wallardie Estate, Harrisons Malayalam Ltd. – Appellant
Versus
Regional Provident Fund Commissioner, Employees Provident Fund Organization – Respondent


Advocates Appeared:
For the Petitioner: Sri. M. Gopikrishnan Nambiar, Sri. K. John Mathai, Sri. Joson Manavalan, Sri. Kuryan Thomas, Sri. Paulose C. Abraham
For the Respondent: Sri. Joy Thattil Itoop, Sc, Epf Organisa, Sri. B.Ashok Shenoy, Sri. K.V. George, Sri. P.N.Rajagopalan Nair, Sri. P.S. Gireesh, Sri.Riyal Devassy

JUDGMENT :

The 2nd respondent, Sri. Venugopal was employed as a Field Officer in the Pattumalay Division of Wallardie Estate. For alleged violation of the standing orders of the Wallardie Estate, disciplinary proceedings were initiated against the 2nd respondent by the petitioner. A domestic enquiry was conducted and accepting the findings of the enquiry officer, the 2nd respondent was dismissed from service. The issue ultimately reached the Industrial Tribunal, Idukki and by award dated 28.8.2019, the Tribunal held that the petitioner failed to bring home the charges against the 2nd respondent. The 2nd respondent was ordered to be reinstated in service with back wages and all consequent benefits. Being aggrieved by the order passed by the Industrial Tribunal, the petitioner herein approached this Court and filed a Writ Petition under Article 226 of the Constitution of India. This Court by judgment dated 24.07.2015 in W.P.(C) No. 934 of 2010 dismissed the Writ Petition. Though the matter was taken in appeal, the Division Bench by its judgment dated 10.02.2016 in Writ Appeal No. 2691 of 2015 refused to interfere with the judgment. The award has thus become final.

2. Alleging non compl

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