Eddy Current Controls (India) Ltd vs P.J.Vincent on 18 September, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WA.No. 2073 of 2009()


1. EDDY CURRENT CONTROLS (INDIA) LTD.,
                      ...  Petitioner

                        Vs



1. P.J.VINCENT,
                       ...       Respondent

2. INDUSTRIAL TRIBUNAL,PALAKKAD.

                For Petitioner  :SRI.M.PATHROSE MATTHAI (SR.)

                For Respondent  : No Appearance

The Hon'ble the Chief Justice MR.S.R.BANNURMATH
The Hon'ble MR. Justice A.K.BASHEER

 Dated :18/09/2009

 O R D E R
         S.R. Bannurmath, C.J. &               A.K. Basheer, J.
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                       W.A.No. 2073 OF 2009
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            Dated this the 18th day of September, 2009

                               JUDGMENT

Basheer, J.

This appeal at the instance of the employer who is

aggrieved by the order passed by the learned Single Judge in

WP(C) No.31129 of 2004. By the impugned judgment, the

learned Single Judge has set aside Ext.P1 award and directed the

Tribunal to consider the matter afresh.

2. We have heard learned Senior Counsel for the

appellant/employer and the learned counsel for respondent No.1

workman.

3. Having heard learned counsel for the parties and having

perused the impugned award and the judgment, we are of the

view that, this Writ Appeal need not be kept pending on the files

of this Court. In our view, the direction issued by the learned

Single Judge does not call for any interference in the facts and

circumstances of the case. However, certain observations made

by the learned Single Judge with regard to the merit or otherwise

of the case were not warranted. At the same time, the view

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expressed by the learned Single Judge that Tribunal ought to

have adverted to the basic contentions of the parties and arrive

at a finding only after independent consideration of those

contentions appears to be eminently justified.

4. Therefore, while upholding the view taken by the learned

Single Judge in remitting the matter to the Tribunal, we make it

clear that the Tribunal shall not be swayed, influenced or

trammelled by any of the observations made by the learned

Single Judge while setting aside the award and directing the

Tribunal to take a fresh decision in the matter. The Tribunal will

be at liberty to take an independent decision untrammelled by

any of the observations made by the learned Single Judge.

The Writ Appeal is disposed of in the above terms.

S.R. Bannurmath,
Chief Justice.

A.K. Basheer,
Judge.

ttb

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