SREEKANTAN NAIR Vs. HINDUSTAN LATEX LIMITED

JUDGEMENT

(1.) Petitioner is a driver in the service of the first respondent. He challenges Exts. P12 and P14. Ext. P12 is the report of the disciplinary enquiry held against the petitioner. Ext. P14 is the order imposing a penalty of reduction in rank based on the findings contained in Ext. P12.

(2.) In the normal course I would not have entertained this Original Petition as the petitioner has an effective remedy of appeal as provided in the service rules and also because the petitioner is a workmen, who can raise an Industrial Dispute on the matter. But the petitioner has got a contention with regard to the extreme unreasonableness in Ext. P14 order and the jurisdictional aspect as well.

(3.) The service rules provide for major penalties including "reduction to a lower grade or post or to a lower stage in a time scale". The petitioner was recruited directly as a Driver Grade IV. He is at present working as Driver Grade V. By imposing a penalty of "reduction to a lower grade / post" by Ext. P14, he is reverted to the post of Driver Grade III. In between there is a post of Driver Grade IV. These are admitted facts.