AIR 1965 KERALA 106 ::(1965) 10 FacLR 216 ::(1969) 1 LabLJ 483 ::1965 Ker LT 533 ::1965 Ker LJ 181

Kerala High Court

Hon'ble Judge(s): P. T. Raman Nayar , J

Industrial Dispute - Discharge under contractual powers - Discharge simpliciter for misconduct instead or resort to punishment after enquiry - No inference of victimisation and unfair labour practice can be drawn - Employer must show that discharge was for reasonable cause. Even if the reason for the discharge of a workman is misconduct, the mere fact that resort is had to discharge simpliciter instead of to punishment after due enquiry does not necessarily spell victimisation and unfair labour practice.(Para 4) If an employer dismisses a workman, for misconduct without any inquiry it would stiff be open to him to satisfy an industrial tribunal that he acted in bona fide exercise of his power of dismissal (which after all is also a contractual power) by adducing evidence before the tribunal end proving the misconduct : AIR 1959 SC 1111, Rel. on.(Para 8) If so, he cannot be precluded from establishing his bona fides in a like manner when, instead of dismissing the workman for the misconduct, he takes the far less drastic course of a termination simpliciter : AIR 1963 SC 411, Foll.(Para 3) Even though the contract of employment might give the employer the power to discharge a workman without assigning any reason, yet, if the discharge gives rise to an industrial disput....