MANAGER, ARRAPETTA ESTATE, HARRISONS MALAYALAM LIM Vs. SUSEELA

JUDGEMENT

(1.) The prayers in this Writ Petition (Civil) filed under the enabling provisions contained in Art.226 of the Constitution of India are as follows:

(2.) Heard Sri.M.Gopikrishnan Nambiar, learned counsel appearing for the petitioner-management and Sri.P.K.Ramkumar, learned counsel appearing for R-1 (worker) & R-2 (Trade Union of the worker) . Since the 3rd respondent is the Labour Court, Kannur, formal notice to that party has been dispensed with. However, the lower court records have been made available by the said Labour Court for the perusal of this Court.

(3.) The petitioner is the management of the Arapetta Estate of the M/s. Harrisons Malayalam Ltd., and the said estate is situated in Meppadi in Wayanad district. It is stated by the petitioner that the 1 st respondent is a worker of the petitioner management since 10.8.1984. It is the case of the petitioner management that the 1st respondent worker had committed certain misconducts inasmuch as she had unauthorizedly made constructions in the land, which was allotted to her for the purpose cultivation and that she was charge-sheeted for such alleged misconducts and a domestic enquiry in that regard was conducted, in which she was found guilty of such charges of delinquency and the management had issued orders on 7.2003/7.7.2003 dismissing her from the service of the petitioner company.