High Court Kerala High Court

Gopimohan vs C.R.Udayaprakash on 8 March, 2010

Kerala High Court
Gopimohan vs C.R.Udayaprakash on 8 March, 2010
       

  

  

 
 
  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/-