POPULAR FINANCIERS Vs. PRESIDENT, KERALA PRIVATE BANKS

JUDGEMENT

(1.) HEARD the learned counsel for the appellant and the learned counsel appearing for the respondents.

(2.) THE appellant filed W.P.(C) No.1843/2006 challenging the validity of Ext.P4, an award passed by the Labour Court Kollam in I.D. No.52/2002. The Writ Petition having been dismissed by the learned Single Judge, this appeal is filed. Facts of the case are as follows: The second respondent was a clerk under the appellant. On the allegation of financial misappropriation, domestic enquiry was conducted and on the basis of the findings of the Enquiry Officer, she was dismissed from the service. The first respondent union raised a dispute questioning the validity of the dismissal. On the failure of the conciliation efforts, the issue of dismissal was referred for adjudication to the Labour Court.

(3.) THE Labour Court numbered the dispute as I.D. No. Before the Labour Court, the first respondent contended that the enquiry conducted against the 2nd respondent is invalid and she also contested the dispute on merits. In order to sustain the enquiry, that was conducted, the Management produced the enquiry report, without the proceedings of the enquiry or the evidence and other materials. They also relied on the communication issued by the 2nd respondent -workman, a copy of which has been produced as Ext.P2 and contended that the workman admitted the misconduct and, therefore, no further evidence on the proof of misconduct was necessary.