Kerala High Court
Sivankutty Nair vs The Kerala Minerals And Metals Ltd on 4 June, 2024
Author: Dinesh Kumar Singh
Bench: Dinesh Kumar Singh
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
TUESDAY, THE 4TH DAY OF JUNE 2024 / 14TH JYAISHTA, 1946
WP(C) NO. 8371 OF 2017
AGAINST THE ORDER/JUDGMENT DATED IN ID NO.32 OF 2013 OF DEBT
RECOVERY TRIBUNAL, ERNAKULAM
PETITIONER:
SIVANKUTTY NAIR
RESIDING AT VISAKH, NEAR MILK SOCIETY LTD. THAMARAKULAM
PO, ALAPPUZHA DISTRICT 690 530.
BY ADV A.R.DILEEP
RESPONDENTS:
1 THE KERALA MINERALS AND METALS LTD
SANKARAMANGALAM, CHAVARA 691 583, REPRESENTED BY ITS
MANAGING DIRECTOR.
2 THE MANAGING DIRECTOR
KERALA MINERALS AND METALS LTD., SANKARAMANGALAM,
CHAVARA 691 583, REPRESENTED BY ITS MANAGING DIRECTOR.
3 THE CENTRAL GOVT. INDUSTRIAL TRIBUNAL CUM LABOUR COURT
ERNAKULAM - 682 031.
4 THE STATE OF KERALA
REPRESENTED BY THE ADDL.CHIEF SECRETARY TO THE GOVT.,
INDUSTRIES DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695 001.
BY ADVS.
SRI.K.ANAND (SR.)
SMT.LATHA ANAND, SC, KERALA MINERALS AND METALS LIMITED
SRI.RIYAL DEVASSY - GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
04.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.8371 OF 2017
2
JUDGMENT
Dated this the 4th day of June, 2024
The present writ petition has been filed
impugning Ext.P14 award passed by the Central
Government Industrial Tribunal- Cum - Labour Court,
Ernakulam on 30.09.2016 in I.K No.32/2013. The
following industrial dispute was referred for
adjudication under Section 10(1)(d) and (2A) of the
Industrial Disputes Act, 1947.
"Whether the action of the management of the
Kerala Minerals and Metals Ltd., in dismissing Shri
Sivankutty Nair K. form service for the alleged
misconduct, w.e.f 07.07.2011 is correct? If not, what
relief he is entitled to get?"
The learned Tribunal has dismissed the
industrial dispute and passed the impugned order.
2. The learned counsel for the petitioner has
confined his arguments only to the extent that the
petitioner has produced additional evidence in
W.P.(C) No.8371 OF 2017
Ext.P13 and the Tribunal has not adverted to the
said evidence in its award.
3. The learned counsel for the respondent
management does not dispute the fact that the
additional evidence in Ext.P13 has not been
considered and adverted to by the Tribunal.
Considering the aforesaid fact that the
material evidence has not been considered by the
Tribunal, the impugned award is set aside. The
matter is remitted back to the Industrial Tribunal to
pass a fresh award, after considering the additional
evidence in Ext.P13, which was filed before the
Tribunal. The Tribunal should pass a fresh award
expeditiously, after the presiding officer is
appointed. It is made clear that, this Court has not
interfered with the order of removal from service,
that issue has to be decided by the Tribunal,
whether the punishment awarded to the petitioner
was in accordance with the law or not, after
W.P.(C) No.8371 OF 2017
considering the additional evidence.
With the aforesaid directions, the present writ
petition stands finally disposed of.
Sd/-
DINESH KUMAR SINGH
JUDGE
AP
W.P.(C) No.8371 OF 2017
APPENDIX OF WP(C) 8371/2017
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE BANK GUARANTEE DATED
8.4.2006
EXHIBIT P2 TRUE COPY OF THE G.O(MS)NO.68/2010/ID DATED
3.8.2010
EXHIBIT P3 TRUE COPY OF THE OFFICE PROCEEDINGS DATED
JANUARY 2012
EXHIBIT P4 TRUE COPY OF THE OFFICE ORDER DATED
17.1.2011
EXHIBIT P5 TRUE COPY OF THE LETTER/ORDER DATED
20.10.2010 OF THE GM (FINANCE) KMML CHAVARA
EXHIBIT P6 TRUE COPY OF THE ENQUIRY REPORT DATED
17.12.2010
EXHIBIT P7 TRUE COPY OF THE ORDER DATED 7.7.2011 OF
THE 2ND RESPONDENT
EXHIBIT P8 TRUE COPY OF THE LETTER DATED 24.7.2012 OF
THE 1ST RESPONDENT
EXHIBIT P9 TRUE COPY OF THE COMMUNICATION DATED
4.7.2013 FROM THE 4TH RESPONDENT
EXHIBIT P10 TRUE COPY OF THE CLAIM STATEMENT ID
NO.32/2013 FILED BY THE PETITIONER'S UNION
BEFORE THE INDUSTRIAL TRIBUNAL KOCHI
EXHIBIT P11 TRUE COPY OF THE AWARD OBTAINED UNDER RIGHT
TO INFORMATION ACT ON 8.2.2017
EXHIBIT P12 TRUE COPY OF THE PRELIMINARY ORDER DATED
EXHIBIT P13 TRUE COPY OF THE PROOF AFFIDAVIT FILED BY
THE PETITIONER IN ID NO.32/2013
EXHIBIT P14 TRUE COPY OF THE AWARD DATED 23.1.2017 FROM
EXHIBIT P15 TRUE COPY OF THE COMMUNICATION DATED
14.7.2009 FROM THE 1ST RESPONDENT TO THE
ZONAL MANAGER BANK OF INDIA.
