SITADAYANANDAN Vs. STATE OF KERALA

JUDGEMENT

(1.) Whether the first misconduct in the career is to have some allowance or whether 'Compassionate Ground' is enough to interfere with the punishment imposed in a Disciplinary Proceeding, invoking the power under S.11(A) of the Industrial Disputes Act, is the point involved herein.

(2.) Ext. P2 Award passed by the Labour Court, Kollam, modifying the punishment of 'dismissal' to that of 'discharge', invoking the power under S.11(A) of the Industrial Disputes Act, is subjected to challenge by the Management.

(3.) The sequence of events, as narrated, shows that the delinquent employee was working as a Cashier - cum - Clerk under the Management right from 1981 till 1998. In the later years, the management of the establishment was taken over by the daughter of the original proprietrix and while so, certain serious misconducts, stated as committed by the delinquent employee, came to light, which led to issuance of a charge - sheet, followed by an additional charge - sheet, in respect of the various misconducts involving falsification of accounts and also misappropriation of various amounts . The delinquent employee participated in the domestic enquiry and on conclusion of the same, the Enquiry Officer found the worker guilty of all the charges except charge No. 6. Pursuant to the finding of the Enquiry Officer, the Management considered the entire materials on record, including the report of the Enquiry Officer, the evidence adduced and accordingly, the disciplinary authority passed an order dismissing the worker from service; which in turn led to the industrial dispute referred to the Labour Court, Kollam for adjudication.