IN THE HIGH COURT OF KERALA AT ERNAKULAM
WA.No. 780 of 2010()
1. THE DIRECTOR, LOURDES HOSPITAL,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
2. THE GENERAL SECRETARY,
For Petitioner :SRI.BECHU KURIAN THOMAS
For Respondent : No Appearance
The Hon'ble MR. Justice A.K.BASHEER
The Hon'ble MR. Justice P.Q.BARKATH ALI
Dated :20/05/2010
O R D E R
A.K.BASHEER & P.Q.BARKATH ALI, JJ.
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W.A.No.780 OF 2010
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Dated this the 20th day of May 2010
JUDGMENT
Basheer, J.
This appeal is directed against an order passed on a review petition,
which was directed against an order in an interlocutory application
seeking Section 17B wages under the Industrial Disputes Act. By the
impugned order in the review petition, the learned Single Judge clarified
that Section 17B wages would be payable from the date of filing of the writ
petition itself and not from the date of filing of the interlocutory
application.
2. One of the contentions raised by the appellant is that though only
five out of the six workmen had filed application for payment of Section
17B wages, learned Single Judge had ordered payment to all the six of
them. It is also pointed out by the learned counsel that going by the
averments in the affidavit, it is apparent that all of them were gainfully
employed.
3. Though there is some force in some of the contentions raised by
the appellant, we do not deem it appropriate to entertain those contentions
at this stage. Though learned counsel for the appellant has sought to
challenge the very correctness of the award of Section 17B wages among
other things, we are not persuaded to entertain this writ appeal, since in
W.A.No.780 OF 2010
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our view, it will be only appropriate for the appellant to make a request
before the learned Single Judge to dispose of the writ petition itself at the
earliest, which has been pending since 2006. Without prejudice to the
right of the appellant to raise all his contentions before the learned Single
Judge, the writ appeal is closed.
4. We make it clear that we have not considered the merit of any of
the contentions raised by the appellant.
Writ appeal is disposed of with the above direction.
A.K.BASHEER, JUDGE
P.Q.BARKATH ALI, JUDGE
jes