High Court Kerala High Court

B.B.Premu vs Labour Court on 7 September, 2007

Kerala High Court
B.B.Premu vs Labour Court on 7 September, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 7416 of 2004(G)


1. B.B.PREMU, REVATHY, TOLL GATE ROAD,
                      ...  Petitioner

                        Vs



1. LABOUR COURT, ERNAKULAM, COCHIN-14.
                       ...       Respondent

2. COCHIN SHIPYARD LIMITED, COCHIN 16

                For Petitioner  :SRI.A.JAYASANKAR

                For Respondent  :SRI.M.PATHROSE MATHAI

The Hon'ble MR. Justice KURIAN JOSEPH

 Dated :07/09/2007

 O R D E R
                        KURIAN JOSEPH, J.
               ---------------------------------------
                  W.P. (C). NO. 7416 OF 2004
               ---------------------------------------
         Dated this the 7th day of September, 2007.


                         J U D G M E N T

Exhibit P2 Award passed by the Labour Court, Ernakulam in

I.D. No. 92/1995 is under challenge.

2. The justifiability of the dismissal of the writ petitioner

was the issue referred for adjudication. The Labour Court after

elaborate discussion of the evidence on record exercising the

power of Section 11A of the Industrial Disputes Act, converted

the order of dismissal into one of discharge whereby making the

workman eligible to receive the gratuity.

3. Learned counsel for the petitioner submits that the

petitioner could not receive even those amounts in view of the

peculiar facts and circumstances of his physical and mental

condition. After having elaborately heard the counsel on both

sides and particularly having regard to the physical and mental

condition of the petitioner to which extensive reference is made

in the writ petition also, I am of the view that the interest of

justice will be met if the following orders are passed, basically

following the principles governing Section 11A of the Act.

W.P. (C). 7416/04 2

Though such an order is normally passed by the Labour Court/

Tribunal, in the peculiar facts and circumstances, I do not think

that the case should be remitted to the Labour Court for the said

purpose. Accordingly, this writ petition is disposed of as follows:

Exhibit P2 Award will stand modified as far as the relief is

concerned in the following manner:

1) The writ petitioner-workman shall be paid gratuity on

the basis of the wages fixed as on the date of the

award. In other words, the fixation shall be made as

if he were in service upto the date of the award.

The eligible amounts as above shall be computed and paid

by way of demand draft drawn in favour of the petitioner and it

shall be paid through the counsel for the writ petitioner, within a

period of one month.

KURIAN JOSEPH, JUDGE.

smp