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IN THE HIGH COURT OF KERALA AT ERNAKULAM
ANIL K.NARENDRAN, MR.JUSTICE MURALEE KRISHNA S., JJ
THE ARPOOKARA SERVICE CO-OPERATIVE BANK LTD – Appellant
Versus
T.M.GEORGE – Respondent
JUDGMENT :
MURALEE KRISHNA S, J.
This writ appeal is filed by the petitioners in W.P.(C)No.22517 of 2018, assailing the judgment dated 06.09.2021 passed by the learned Single Judge, by which the writ petition filed by them challenging Ext. P9 award of the Co-operative Arbitration Court, Thiruvananthapuram, was dismissed, confirming the direction of the Arbitration Court to pay full salary and other monetary benefits to the 1st respondent for the period from 30.10.1998 to 08.04.2003.
2. The 1st respondent was working as Secretary of appellant No.1-Bank. He was placed under suspension with effect from 30.10.1998 alleging misconduct, including financial mismanagement. On inquiry, 7 out of 9 charges were found against him by the enquiry officer and he was dismissed from service with effect from the date of suspension. The appeal filed by the 1st respondent before the Board of Directors of the Bank was also dismissed. Against the order passed in the appeal, he filed a petition before the Joint Registrar of Co-operative Societies. While so, the Board of Directors of the Bank was superseded, and an Administrator took charge on 19.03.2003. On 04.04.2003, the Joint Registrar remanded the appea
An employee whose service is illegally terminated is entitled to full back wages unless the employer proves otherwise.
An employee whose service is illegally terminated is entitled to full back wages unless the employer proves otherwise, and disciplinary proceedings must adhere to principles of natural justice.
The denial of back wages based on 'Dies-non' for a period of dismissal was ruled arbitrary, necessitating payment of 50% back wages under Rule 19(ii).
The Appellate Authority must consider the merits of disciplinary proceedings and the stigma of dismissal, rather than merely conducting a judicial review.
The Appellate Authority must consider the merits of disciplinary proceedings and the stigma of dismissal, rather than merely conducting a judicial review.
Reinstatement with back wages is the norm in wrongful termination cases, subject to considerations of misconduct and employment status.
Back wages must be awarded in cases of wrongful termination if no guilt is established and procedural violations occur in the dismissal process.
The High Court's supervisory jurisdiction does not extend to re-evaluating factual findings of the Tribunal unless there is a manifest error or jurisdictional flaw.
Important points:The term 'any' preceding 'dispute' and 'including' appearing in Section 69(2)(d) of the Act are really eye openers. Those usages expand the scope of the dispute provided in Section 6....
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