IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 36255 of 2009(B)
1. K.R. SASIDHARAN NAIR,
... Petitioner
Vs
1. CHAIRMAN-CUM-MANAGING DIRECTOR,
... Respondent
For Petitioner :SMT.K.NANDINI
For Respondent :SRI.K.ANAND (A.201)
The Hon'ble MR. Justice K.SURENDRA MOHAN
Dated :17/06/2010
O R D E R
K.SURENDRA MOHAN, J
...........................................
WP(C).NO.36255 OF 2009
............................................
DATED THIS THE 17TH DAY OF JUNE, 2010
JUDGMENT
The petitioner, a retired employee of the first respondent
Company, has filed this writ petition claiming that certain amounts due
to him have not been paid to him, till date. The petitioner was
dismissed from service. However, his dismissal was the subject matter
of adjudication of the Labour Court, Ernakulam in I.D.No.26 of 2004.
As per Ext.P1 award, he was directed to be reinstated. He had
approached this court for the implementation of the award in his
favour. During the pendency of the said case, he entered into a
settlement with the respondent and he was reinstated. He complains
that the whole amount that was due to him as per the settlement has not
been paid, till date. The respondent is not willing to pay the amount.
2. Adv.K.Anand appears for the respondent. A counter affidavit
has been filed on behalf of the respondent submitting that as per the
terms of settlement, the entire amount has already been paid.
Subsequently, the petitioner continued in service and has also retired. It
Wpc 36255/2009 2
is submitted that this writ petition has been filed as an after thought.
3. It is not possible for this court to adjudicate the disputed
questions of fact that arise for determination in this writ petition, as
evident from the nature of the dispute. The petitioner will have to
pursue other legal remedies, if he has any subsisting grievance against
the respondent.
4. This writ petition is accordingly disposed of without prejudice
to the rights of the petitioner to pursue other legal remedies, if he has
any subsisting grievance in the matter.
K.SURENDRA MOHAN, JUDGE
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