“C.R.”

JUDGMENT

The challenge in this writ petition is to the award dated

3.4.2021 passed by the Labour Court, Kozhikode, in Industrial Dispute No.55 of 2017. K.V.R Motor Cars Private Limited represented by its Managing Director, is the petitioner (hereinafter referred to as “the Management”). Sri.Sasikumar K. is the respondent (hereinafter referred to as “the workman”) Facts:

2. Under Section 10 (1)(c) of the Industrial Disputes Act, 1947 , the Government of Kerala on 11.8.2017 referred the industrial dispute to the Labour Court. The dispute reads thus:-

“Whether the dismissal of Sri.K.Sasikumar, worker of KVR Motors Cars Private Limited, West Hill, Kozhikode, as a result of punishment inflicted by way of disciplinary action is justifiable or not? If not, what are the remedies available to him?”

3. The workman had been employed by the Management as an electrician from 7.10.2018 on a monthly salary of Rs.11,500/-. On 30.3.2015, his employment was re-designated as `Maintenance cum Driver’. On 24.8.2016, the Management assigned a job to which the workman failed to perform. A show cause notice was issued to the workman. A domestic enquiry was conducted. The workman was found guilty and di