IN THE HIGH COURT OF KERALA AT ERNAKULAM
WA.No. 1929 of 2008()
1. I.P.MUHAMMED, C/O.C.K.SUBAIDA,
... Petitioner
Vs
1. THE MANAGING PARTNER, SEEYAN PLYWOODS
... Respondent
2. THE SECRETARY, CANNANORE DISTRICT
3. THE INDUSTRIAL TRIBUNAL, KOZHIKODE.
For Petitioner :SRI.ALEX VARGHESE
For Respondent :SRI.N.RAGHURAJ
The Hon'ble the Chief Justice MR.S.R.BANNURMATH
The Hon'ble MR. Justice KURIAN JOSEPH
Dated :15/07/2009
O R D E R
S.R.BANNURMATH, C.J. & KURIAN JOSEPH, J.
----------------------------------------------
W.A. Nos.1929/2008 & 125/2009
----------------------------------------------
Dated 15th July, 2009.
J U D G M E N T
Kurian Joseph, J.
The petitioner and respondents, workman and
management, in W.P.(C)No.4954/2004 are aggrieved by the
judgment of the learned Single Judge and hence the two appeals.
The award passed by the Industrial Tribunal, Kozhikode in
I.D.18/2001 was under challenge in the writ petition at the
instance of the workman. The issue referred for adjudication is
whether the dismissal of the workman by the management was
justifiable and if not, to what relief the workman was entitled to.
The Industrial Tribunal passed an award for reinstatement of the
workman without backwages, but with continuity of service. The
learned Single Judge, having regard to the entire facts and
circumstances of the case, disposed of the writ petition holding
that interests of justice would be met in case the workman is
directed to be paid 25% of the backwages from 15.9.1999 to
3.2.2003, and to that extent the award was modified.
2. When the matter came up before us, we requested
the parties to purchase peace, particularly in view of the fact that
W.A. Nos.1929/2008 & 125/2009 2
the workman had already been reinstated in 2003. Having
interacted with the respective parties, we find that the interests
of justice and interests of both parties can be protected in case a
liquidated amount is fixed by this court as backwages. Having
regard to the entire facts and circumstances of the case, we fix
Rs.35,000/- as the backwages during the period referred to
above. This shall be paid by the management within one month
from today. In all other respects, the award will stand. Needless
to say that the management will make up the contribution, if any
towards the Provident Fund in terms of the award in respect of
the continuity in service. If the amount thus due has not already
been remitted, the same shall be remitted within the said period
of one month.
The writ appeals are disposed of as above.
S.R.BANNURMATH,
Chief Justice.
KURIAN JOSEPH,
Judge.
tgs
S.R.BANNURMATH, C. J. &
KURIAN JOSEPH, J.
———————————————-
W.A. Nos.1929/2008 & 125/2009
———————————————-
J U D G M E N T
Dated 15th July, 2009.
