Kerala High Court
O.T. Alexander vs General Secretary on 27 March, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE EASWARAN S.
WEDNESDAY, THE 27TH DAY OF MARCH 2024 / 7TH CHAITHRA, 1946
WP(C) NO. 38281 OF 2018
PETITIONER:
O.T. ALEXANDER,
AGED 70 YEARS,
MANAGING DIRECTOR, AVENUE REGENT,
M.G.ROAD, COCHIN-682 016.
BY ADVS.
PAULSON C.VARGHESE
SMT.A.SIRJI
RESPONDENTS:
1 GENERAL SECRETARY
INDUSTRIAL COMPLEX LABOUR UNION (INTUC),
MUNDAKKAL, KOLLAM-691 001.
2 LABOUR COURT
ERNAKULAM, COCHIN-682 031.
BY ADVS.
SRI.B.ASHOK SHENOY
SRI.K.V.GEORGE
SRI.P.N.RAJAGOPALAN NAIR
SRI.RIYAL DEVASSY
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
27.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 38281 OF 2018 -2-
JUDGMENT
The writ petition challenges a preliminary award
passed by the Labour Court, Ernakulam in I.D.No.22 of
2016 on 08.08.2018 by which the domestic enquiry
conducted by the petitioner has been set aside on the
ground of violation of principles of natural justice. The
point raised by the petitioner is covered against him in
the judgment of this Court in Chelamattom Sree
Krishna Swami Devaswom Trust v. State of Kerala
and Others (2022(4) KHC 215), wherein a Division
Bench of this Court said that the preliminary award of
the Labour Court cannot be challenged in a writ petition
under Articles 226 and 227 of the Constitution of India.
This Court by an interim order dated 26.11.2018
suspended the preliminary award. However, in the view
of the Division Bench judgment of this Court (supra), I
am of the considered view that the writ petition is liable
to be dismissed and the challenge against the
preliminary award is liable to be repelled. Accordingly,
the writ petition stands dismissed.
Sd/-
EASWARAN S.
JUDGE
vv
APPENDIX OF WP(C) 38281/2018
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF SHOW CAUSE NOTICES DATED
2.9.2010.
EXHIBIT P1-A TRUE COPY OF SHOW CAUSE NOTICES DATED
28.8.2006 ISSUED TO THE DELINQUENT
OFFICER.
EXHIBIT P1-B TRUE COPY OF SHOW CAUSE NOTICES DATED
18.6.2013.
EXHIBIT P1-C TRUE COPY OF SHOW CAUSE NOTICES DATED
23.2.2011.
EXHIBIT P1-D TRUE COPY OF SHOW CAUSE NOTICES DATED
13.12.2013.
EXHIBIT P2 TRUE COPY OF EXHAUSTIVE SHOW CAUSE
NOTICE DATED 14.1.2015 ISSUED TO THE
DELINQUENT OFFICER.
EXHIBIT P3 TRUE COPY OF THE EXPLANATION DATED
16.1.15, BY E-MAIL, SUBMITTED BY THE
DELINQUENT OFFICER.
EXHIBIT P4 TRUE COPY OF THE ORDER DATED 17.1.2015
APPOINTING ENQUIRY OFFICER.
EXHIBIT P4-A TRUE COPY OF THE ORDER OF APPOINTMENT
DATED 16.1.2015 PASSED BY THE
PETITIONER MR.O.T.ALEXANDER, MANAGING
DIRECTOR OF THE ESTABLISHMENT
APPOINTING MR. AMUTHAN RAJAN AS
ENQUIRY OFFICER.
EXHIBIT P5 TRUE COPY OF THE CHARGE SHEET DATED
24.2.2015 ISSUED BY TE ENQIURY
OFFICER.
EXHIBIT P6 TRUE COPY OF NOTICE DATED 16.3.2015
INTIMATING FIRST SITTING OF THE
ENQUIRY, WHICH WILL BE HELD ON
25.3.2015.
EXHIBIT P6-A TRUE COPY OF THE ADJOURNMENT
APPLICATION DATED 23.3.2015 SUBMITTED
BY THE DELINQUENT OFFICER.
EXHIBIT P6-B TRUE COPY OF THE ENVELOPE CONTAINING
EXHIBIT P6A APPLICATION SENT BY THE
DELINQUENT OFFICER.
EXHIBIT P6-C TRUE COPY OF THE ENQUIRY PROCEEDINGS
DATED 25.3.2015 RECORDED BY THE
ENQUIRY OFFICER.
EXHIBIT P7 TRUE COPY OF THE ENVELOPE CONTAINING
EXHIBIT P-7A ADJOURNMENT APPLICATION
SENT BY THE DELINQUENT OFFICER.
EXHIBIT P7-A TRUE COPY OF THE NOTICE DATED
26.3.2015 ISSUED BY THE ENQUIRY
OFFICER REGARDING 2ND SITTING OF THE
ENQUIRY, WHICH WILL BE HELD ON
10.4.2015.
EXHIBIT P7-B TRUE COPY OF THE ADJOURNMENT
APPLICATION DATED 8.4.2015 SUBMITTED
BY THE DELINQUENT OFFICER.
EXHIBIT P7-C TRUE COPY OF THE ENQUIRY PROCEEDINGS
DATED 10.4.2015 RECORDED BY THE
ENQUIRY OFFICER.
EXHIBIT P8 TRUE COPY OF THE ENVELOPE CONTAINING
EXHIBIT P-8A ADJOURNMENT APPLICATION
SENT BY THE DELINQUENT OFFICER.
EXHIBIT P8-A TRUE COPY OF THE ENQUIRY NOTICE DATED
14.4.2015 INTIMATING THE THIRD SITTING
OF THE ENQUIRY, WHICH WILL BE HELD ON
30.4.2015.
EXHIBIT P8-B TRUE COPY OF LETTER DATED 28.4.2015
SEEKING ADJOURNMENT OF THE ENQUIRY
SUBMITTED BY THE DELINQUENT OFFICER.
EXHIBIT P8-C TRUE COPY OF THE ENQUIRY PROCEEDINGS
DATED 30.4.2015 RECORDED BY THE
ENQUIRY OFFICER.
EXHIBIT P9 TRUE COPY OF THE NOTICE DATED
30.4.2015 SENT TO THE DELINQUENT
OFFICER.
EXHIBIT P9-A TRUE COPY OF THE ENQUIRY PROCEEDINGS
RECORDED BY THE ENQUIRY OFFICER DATED
7.5.2015.
EXHIBIT P9-B TRUE COPY OF THE POSTAL RECEIPT OF
EXT.P9 NOTICE INTIMATING 4TH SITTING
OF THE ENQUIRY HELD ON 7/5/15 SENT BY
REG.POST.
EXHIBIT P10 TRUE COPY OF THE REVERSE SIDE OF
ENVELOPE CONTAINING EXHIBIT P-10
NOTICE.
EXHIBIT P10-A TRUE COPY OF THE ENVELOPE CONTAINING
EXT.P-10 NOTICE ISSUED BY THE ENQUIRY
OFFICER.
EXHIBIT P10-B TRUE COPY OF THE NOTICE DATED 7.5.2015
INTIMATING THAT THE ENQUIRY BEING
CONTINUED IN HIS ABSENCE.
EXHIBIT P11 TRUE COPY OF DEPOSITION OF CW 7
EXHIBIT P11-A TRUE COPY OF DEPOSITION OF CW 8
EXHIBIT P11-B TRUE COPY OF DEPOSITION OF CW 9
EXHIBIT P11-C TRUE COPY OF DEPOSITION OF CW 10
EXHIBIT P11-D TRUE COPY OF DEPOSITION OF CW 11
EXHIBIT P11-E TRUE COPY OF DEPOSITION OF CW 12
EXHIBIT P11-F TRUE COPY OF DEPOSITION OF CW 13
EXHIBIT P11-G TRUE COPY OF DEPOSITION OF CW 14
EXHIBIT P11-H TRUE COPY OF DEPOSITION OF CW 5
EXHIBIT P11-I TRUE COPY OF DEPOSITION OF CW 6
EXHIBIT P12 TRUE COPY OF THE ENQUIRY REPORT PASSED
BY THE ENQUIRY OFFICER.
EXHIBIT P13 TRUE COY OF THE CLAIM STATEMENT FILED
BY THE TRUE COPY OF DEPOSITION OF
CWDELINQUENT OFFICER.
EXHIBIT P14 TRUE COPY OF THE WRITTEN STATEMENT
FILED BY THE MANAGEMENT.
EXHIBIT P15 TRUE COPY OF THE REJOINDER FILED BY
THE DELINQUENT OFFICER.
EXHIBIT P16 TRUE COPY OF THE DEPOSITION OF MW1
ENQUIRY OFFICER.
EXHIBIT P17 TRUE COPY OF DEPOSITION OF WW1 MR.
ANTONY ABU FRANKLIN.
EXHIBIT P18 TRUE COPY OF THE PRELIMINARY ORDER
PASSED BY THE 2ND RESPONDENT LABOUR
COURT.
EXHIBIT P19 TRUE COPY OF THE JUDGMENT PASSED BY
THIS HON'BLE COURT IN I.P.(L.C)3/18.
EXHIBIT P20 TRUE COPY OF THE JUDGMENT PASSED BY
THIS HON'BLE COURT IN WPC
NO.25018/2018.
