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2016 Supreme(Online)(KER) 29400

HIGH COURT OF KERALA
K.SURENDRA MOHAN, P.V.ASHA, JJ
THE MANAGER, HARRISONS MALAYALAM LTD – Appellant
Versus
THE INDUSTRIAL TRIBUNAL – Respondent


JUDGMENT

Surendra Mohan, J.

The Management has filed this appeal challenging the judgment of the learned single Judge in W.P.(C) No.934 of 2010 confirming the award passed by the Industrial Tribunal, Idukki in Industrial Dispute No.35 of 2005. As per the said award, which is produced as Ext.P3 in the writ petition, the workman, who had been dismissed from service, has been directed to be reinstated with full back wages.

2. The appellant is a Company registered under the Companies Act owing tea and rubber estates in Kerala and Tamilnadu. One Sri.S.Venugopal was employed as Field Officer under the appellant. Disciplinary proceedings were initiated against him on the charges that, he had been instigating the workers and supervisors of No.1 division of the estate to indulge in go-slow agitation and to strike work. He was also alleged to have been advising the staff not to initiate any steps to resolve the labour issues on the estate. There was a further allegation that, he had behaved in a very irresponsible manner, when the Senior Manager tried to convince him of the need of the workers to shear the tea leaves instead of plucking them. On the above charges, a show cause notice was issue

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