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2022 Supreme(Online)(KER) 33802

HIGH COURT OF KERALA
AMIT RAWAL, J
BHARAT PETROLEUM CORPORATION LTD. – Appellant
Versus
P.N.SURENDRAN NAIR – Respondent


Advocates:
For the Appellants/Petitioners: P.BENNY THOMAS, D.PREM KAMATH, TOM THOMAS, ABEL TOM, BENNY KURIAN OOMMEN, JAIKRISHNAN M.PISHARODI, SRUTHY J. MAMPILLY
For the Respondents: J.P.CAMA (SR.), S.SREEKUMAR (SR.), P.PRIJITH THOMAS, P.KURUVILLA, P.MARTIN JOSE, AJAY BEN JOSE, MANJUNATH MENON, R.GITHESH, HARIKRISHNAN S., MANU S., ASGI

Table of Content
1. disciplinary action details and procedural history. (Para 1 , 2 , 3)
2. fundamental issues of evidence and credibility in misconduct allegations. (Para 4 , 5)
3. labour court's authority and limits in reviewing disciplinary proceedings. (Para 6 , 7)
4. proportionality and justification of disciplinary measures. (Para 8 , 9)
5. conclusion regarding relief and final compensatory measures. (Para 10 , 11 , 12)

JUDGMENT

The two writ petitions W.P(C).Nos.27781 of 2019 and 30243 of 2021 arise from a series of chronological events between the petitioner management Bharat Petroleum Corporation Ltd. and the workman.

2. While serving the petitioner management, the workman Sri.P.N.Surendran Nair was involved in certain misconducts and the management initiated Disciplinary action against the workman under the provisions of standing orders applicable to him. When the management initiated disciplinary action against the then ambulance driver Sri M.K. Gopinathan for causing undue delay in taking ambulance to shift a patient who had suffered a massive cardiac arrest at his residence and was declared dead when reached hospital, the workman in his capacity as General Secretary of the resp

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