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.
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W.P. (C). NO. 7416 OF 2004
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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