IN THE HIGH COURT OF KERALA AT ERNAKULAM
OP No. 311 of 1998(K)
1. AR.MATHEW CHIRAYIL
... Petitioner
Vs
1. LABOUR COURT
... Respondent
For Petitioner :SRI.J.JULIAN XAVIER
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice S.SIRI JAGAN
Dated :19/11/2007
O R D E R
S. SIRI JAGAN, J.
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O.P.No.311 OF 1998
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Dated this the 19th day of November, 2007
JUDGMENT
The petitioner is the management in I.D. No.30 of 1995
before the Labour Court, Kannur, who challenges Ext.P3 award
passed by the Labour Court in that industrial dispute. The issue
involved in the industrial dispute related to retrenchment of three
employees and consequent closure of the management
establishment from 9.3.1994. The Labour Court found that the
establishment was still functioning and that the workmen were
unjustly retrenched without any valid reason. One of them was
subsequently reinstated and therefore the Labour Court directed
the petitioner management to reinstate the other two workmen
with backwages. Although the original petition was filed on
5.1.1998, till date the workmen have not claimed wages under
Section 17B of the Industrial Disputes Act, which would go to
show that the workmen were gainfully employed elsewhere.
O.P.No. 311/1998 2
In the above circumstances, I directed the parties to
explore the possibilities of settling the dispute by paying
compensation. The parties now agree that the petitioner
would pay to the two workmen Rs.5,000/- each as
compensation in lieu of reinstatement and the workmen have
agreed to accept the same in full and final settlement of their
claim in respect of the employment with the petitioner which is
the subject matter of Ext.P3 award. This settlement is
recorded and the original petition is closed holding that the
said agreement would govern the parties instead of Ext.P3
award. The amount shall be paid within one month from
today failing which the award would stand confirmed.
S. SIRI JAGAN, JUDGE
Acd
O.P.No. 311/1998 3