High Court Kerala High Court

Punnapra North S.N.D.P. Branch … vs Ajitha Devi.P. on 4 September, 2008

Kerala High Court
Punnapra North S.N.D.P. Branch … vs Ajitha Devi.P. on 4 September, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 26844 of 2008(U)


1. PUNNAPRA NORTH S.N.D.P. BRANCH NO.609,
                      ...  Petitioner

                        Vs



1. AJITHA DEVI.P., CHIRAYIL, PUNNAPRA
                       ...       Respondent

2. THE INDUSTRIAL TRIBUNAL, ALAPPUZHA.

                For Petitioner  :SRI.N.ASHOK KUMAR

                For Respondent  : No Appearance

The Hon'ble MR. Justice S.SIRI JAGAN

 Dated :04/09/2008

 O R D E R
                            S.SIRI JAGAN, J.

                    ==================

                     W.P.(C).No.26844 of 2008

                    ==================

           Dated this the 4th day of September, 2008

                            J U D G M E N T

The petitioner is challenging Ext.P3 award of the Industrial

Tribunal, Ernakulam in I.D. No.43/2002.

2. The issue referred for adjudication was:

“Whether denial of employment to smt.P.Ajithadevi, Clerk,
S.N.D.P.Branch No.699, Punnapra P.O., is legal and justifiable? If not
what benefit, she is entitled to?”

3. Before the Tribunal, the petitioner took the contention

that the workman was not a “workman” as defined under the

Industrial Disputes Act and that the workman was only a

temporary clerk whose services were dispensed with when the

services of a clerk were not necessary in the establishment. The

Tribunal, on evidence, found that the workman was actually

employed by the petitioner management as a clerk and she had

more than a year of continuous service and therefore, the

workman is clearly a “workman” as defined in the Industrial

Disputes Act. The Tribunal relied on the appointment order issued

by the management and averments of the petitioner themselves

w.p.c.26844/08 2

in their counter statement, for arriving at the conclusion. The

Tribunal, further came to the conclusion that the management

unjustly denied employment to the workman without following

the procedure prescribed under the Industrial Disputes Act, for

retrenchment. However, instead of ordering reinstatement with

backwages, the Tribunal only awarded an amount of Rs.21,600/-

as compensation in lieu of reinstatement. That award is under

challenge in this writ petition.

4. In addition to the contentions raised in the industrial

dispute, the petitioner now contends that the petitioner is not an

“industry” as defined in the Industrial Disputes Act. I cannot

consider that contention for two reasons. First is that in Ext.P2

counter statement filed by the petitioner before the Tribunal, the

petitioner had not taken such a contention at all. Further from

the evidence before the Tribunal as discussed in the award, it is

clear that the petitioner is actually running a tailoring institute in

their establishment. The workman was employed as a Clerk in

that establishment. Going by the tests prescribed by the Supreme

Court in the decision in Bangalore Water Supply and

Sewerage Board v. A.Rajappa & others (AIR 1978 SC 548),

w.p.c.26844/08 3

clearly the petitioner’s establishment would come within the

purview of “industry”. I also do not find any perversity in the

findings of the Tribunal on the evidence, without which I cannot

interfere with the award. In the above circumstances, I do not

find any merit in the writ petition and accordingly, the same is

dismissed.

Sd/-

sdk+                                       S.SIRI JAGAN, JUDGE


             ///True copy///




                                P.A. to Judge