IN THE HIGH COURT OF KERALA AT ERNAKULAM
WA.No. 413 of 2010()
1. GOPIMOHAN, AGED 65 YEARS,
... Petitioner
Vs
1. C.R.UDAYAPRAKASH,
... Respondent
2. THE INDUSTRIAL TRIBUNAL & LABOUR COURT,
For Petitioner :SRI.C.UNNIKRISHNAN (KOLLAM)
For Respondent : No Appearance
The Hon'ble the Acting Chief Justice MR.P.R.RAMAN
The Hon'ble MR. Justice C.N.RAMACHANDRAN NAIR
Dated :08/03/2010
O R D E R
P.R. RAMAN Ag. CJ &
C.N. RAMACHANDRAN NAIR, J.
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W.A. 413 OF 2010
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DATED THIS, THE 8TH DAY OF MARCH, 2010.
J U D G M E N T
Raman, Ag. CJ.
Alleging denial of employment, first respondent raised an industrial
dispute. Eventually, Ext.P4 award was passed on 28.10.2006 But since the
establishment was closed with effect from 31.12.2001 no reinstatement was
ordered. The relief was therefore, moulded accordingly. Petitioner did not
comply with the award even after three years. Hence a petition under
Section 33C (2) of the Industrial Disputes Act was filed. The amount as per
the award was quantified and the appellant was directed to pay the same.
2. In so far as Ext.P4 has become final, appellant cannot have any
valid denial as against it. In the circumstances, the learned Single Judge
declined to set aside the order passed under Section 33 of the Industrial
Disputes Act. However, appellant was given time to deposit the amount
covered by Ext.P5 till 28.2.2010. Aggrieved by the same, this appeal is
filed.
3. The contention now raised is that denial of employment to the
first respondent is not an industrial dispute since he was employed in a
WA 413 OF 2010 2
supervisory capacity and not a worker within the meaning of the Industrial
Dispute Act. Since Ext.P4 award has become final, this contention raised
at a belated stage is no longer available to the appellant. In such
circumstances, the appeal fails. It is dismissed.
P.R. RAMAN,
(Ag. CHIEF JUSTICE)
C.N. RAMACHANDRAN NAIR,
(JUDGE).
knc/-