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I.P.Muhammed vs The Managing Partner on 15 July, 2009

Kerala High Court
I.P.Muhammed vs The Managing Partner on 15 July, 2009
       

  

  

 
 
  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.

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