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1. Petitioner in the Original Petition is the appellant, a Co-operative Society engaged mainly in the distribution of foodgrains and other rationed articles under the provisions of the Kerala Rationing Order. The dismissal of an employee of the Society (2nd respondent herein) was set aside by the Labour Court in I.D.No. 116/1978 and the learned single Judge declined to interfere in the said award. The appeal is against this judgment.

2. Briefly stated the facts of the case are that the 2nd respondent Sri P.B.Jacob was working as the Supervisory Assistant with the appellant-Society. By Ext.P2 proceedings dated December 17, 1976 he was transferred and posted as Branch Manager of Branch No. 17. The 2nd respondent took charge of the Branch and after attending the work till Decembers 1, 1976 closed the Ration Shop in the forenoon of December 31, 1976, without making any arrangements for opening the Ration Shop on January 1, 1977. Finding the Ration Shop closed, the Taluk Supply Officer on inspection suspended the licence of the Society and it was cancelled by the Civil Supplies Department later. Disciplinary proceedings were intiated against the 2nd respondent and after conducting a domestic enquiry and finding him guilty, he was dismissed from service by order dated June 17, 1977. The appeal filed by the 2nd respondent before the Board of Management was also dismissed. Thereafter an industrial dispute was raised by the Alleppey District Consumers Wholesale Co-operative Employees Association representing the 2nd respondent and the Labour Court in I.D. No. 116/78 by its peliminary order dated January 9, 1980 found that the domestic enquiry was defective and thereafter taking evidence found the 2nd respondent guilty of deriliction of duty in not keeping the Ration Shop open on January 1, 1977. But however, the Labour Court reduced the punishment from dismissal to that of stoppage of two increments by its award dated May 31, 1982.