High CourtsSingle Bench(2003) 03 KL CK 0112

Baby John vs General Manager, Parvathy Mills Ltd. and Another

High Court Of Kerala · Decided on 19 March 2003 · Citation: (2004) 1 LLJ 773

HON’BLE JUDGES
M.R. Hariharan Nair, J
RESULT
Dismissed
CASE NUMBER
O.P. No. 8824 of 2003

CourtKutchehry membership

More clarity. Every judgment.

Download court copies, explore connected cases and make more of every research session.

Loading membership options…

Ask AI about this case

AI Structured Summary

Not yet generated for this judgment

Judgment

5 paragraphs · 270 words

M.R. Hariharan Nair, J.—The petitioner was a worker of Parvathy Mills, Kollam. He is aggrieved that the Labour Court, Kollam upheld the order of the management passed in disciplinary proceedings and confirmed the dismissal of the petitioner along with 9 others in Exhibit P6 award.

2.

The charge against the petitioner was that in the course of an illegal strike he, along with others tried to push a big Godrej steel almirah on to an officer of the Mills where he was working and that if no one had blocked the almirah it would have fallen on the officer with fatal results. It was also alleged that the petitioner at the time was in drunken condition.

3.

After due enquiry, the Enquiry Officer confirmed the fact that as alleged in the charge, the said incident did took place and it was thereupon that the management imposed punishment of dismissal from service which ultimately resulted in the impugned order.

4.

The learned counsel for the petitioner submitted that the occurrence took place as part of a labour agitation and lenient view is required. I do not agree. Labour agitation also should be governed by law, and hooliganism cannot be tolerated under the pretext of labour agitation. The petitioner, undoubtedly, proved himself to be unworthy of continuing in service in the Mills. In any case, this is not a fit case where the limited jurisdiction of judicial review can be invoked to upset the findings made by the Enquiry Officer as also by the Labour Court, Kollam, through a well discussed order.

5.

The Original Petition is found to be without merit.