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IN THE HIGH COURT OF KERALA AT ERNAKULAM
GOPINATH P.
I. Bindhu D/o. K. Bhaskaran Nair – Appellant
Versus
Thiruvananthapuram Service Co-Operative Bank Limited – Respondent
JUDGMENT :
GOPINATH P., J.
The petitioner was working as a Pharmacist in a Neethi Medical Store being operated by the 1st respondent Bank (hereinafter referred to as ‘the Management’). Disciplinary proceedings were initiated against her, and a punishment of dismissal from service was imposed, effective from 6.11.2012. The petitioner initiated proceedings under Section 2A (2) of the Industrial Disputes Act, 1947 (hereinafter referred to as ‘the I.D. Act’) before the Labour Court, Kollam, as the conciliation before the District Labour Officer did not reach any conclusion. The Labour Court registered the application as I.D. No.9/2019 and by Ext.P2 award dated 29.09.2023 set aside the disciplinary proceedings and remitted the matter, reserving the liberty of the management to initiate fresh disciplinary proceedings starting from the stage of issuance of charge memo. However, noting the fact that the petitioner was dismissed from service in the year 2012, it was directed that the fresh proceedings shall be initiated and concluded within the period of three months from the date of the award, namely, 29.09.2023. It was further directed that on failure to complete the proceedings within the
The Labour Court holds the authority to extend time for disciplinary proceedings beyond the 30-day period post-award enforcement under the Industrial Disputes Act.
The Labour Court does not become functus officio after the award has become enforceable, as far as the ex parte award is concerned. It is within the powers of the Labour Court/Tribunal to entertain a....
The court emphasized that government departments must adhere to limitation periods and cannot claim undue advantages due to bureaucratic delays, reinforcing the principle of diligence in legal procee....
The absence of a prescribed time limit for making a reference to the Labour Court should be considered in conjunction with general principles of delay and laches, and the plea of delay, if raised by ....
Courts cannot interfere in a matter after passage of a certain length of time.
A workman must demonstrate that an industrial dispute remains alive despite delays; failure to do so renders the dispute stale and unenforceable.
Section 2-A of Act reads as dismissal, etc., of an individual workman to be deemed to be an industrial dispute.
Section 33 (2) of I.D. Act reads as conditions of service, etc., to remain unchanged under certain circumstances during pendency of proceedings.
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