MANAGING DIRECTOR Vs. P NANU

JUDGEMENT

(1.) This petition has been preferred by the Managing Director of the Kerala State Handloom Development Corporation Limited (hereinafter referred to as the Corporation) seeking to modify the judgment to the effect that respondents herein are not liable to be paid backwages or other monetary benefits as ordered by the learned single judge.

(2.) Short facts which are necessary for disposal of this petition, are as follows: Writ petition was preferred by the respondents herein seeking to quash various orders by which backwages were denied to the first respondent as well as deceased V.P.S. Pillai who was working as Internal Auditor in the corporation. Learned respondent was working as Assistant in the Corporation. Learned single judge allowed the writ petition and directed the Company to re-instate first respondent with backwages and consequential benefits treating him as if he was in continuous service. The Corporation was also directed to pay salary and allowances and also terminal benefit which would have been payable to V.P.S. Pillai had he been in continuous service till his death or till the age of his superannuation whichever is earlier. The Corporation filed appeal, W.A. No. 930 of 1993 against the said judgment. This court disposed of the writ appeal on 28-9-1999 stating as follows:

(3.) First respondent was an Assistant in the Corporation and second and third respondents, as we have indicated earlier, are the wife and minor son of V.P.S.Pillai who was working as Internal Auditor in the Corporation. Certain allegations in the nature of granting credits to the customers of the Corporation beyond the sanctioned limits were made against the first respondent and the deceased V.P.S. Pillai. Exts.P2 and P4 memo of charges were issued to the first respondent and deceased V.P.S. Pillai in this regard. Later first respondent and V.P.S. Pillai were charge sheeted and prosecuted for offences under Secs. 120B, 467,468,471, 420, 477A and 409I.P.C. Criminal court found three persons including first petitioner and V.P.S.Pillai guilty of the charges. The Corporation proceeded to issue Ext. R1 (a) memo of charges all of them and departmental action was contemplated against them in the criminal case. Enquiries was ordered and the enquiry report imposed punishment of removal from service with effect from 27-11-1987. Punishment of removal was imposed on all the three persons based on the enquiry conducted by the Corporation.