IN THE HIGH COURT OF KERALA AT ERNAKULAM
OP.No. 2340 of 1997(C)
1. KALAVOOR SERVICE C0-OP.SOC.LTD.
... Petitioner
Vs
1. D.JANARDHANAN
... Respondent
For Petitioner :SRI.B.S.KRISHNAN (SR.)
For Respondent :SRI.N.RAGHURAJ
The Hon'ble MR. Justice C.N.RAMACHANDRAN NAIR
Dated :22/07/2009
O R D E R
C.N.RAMACHANDRAN NAIR, J.
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O.P. No.2340 of 1997
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Dated this the 22nd day of July, 2009.
JUDGMENT
Heard Standing Counsel appearing for the petitioner and counsel
appearing for the first respondent. The order under challenge is the award
passed by the Labour Court directing reinstatement of the first respondent in
the petitioner-society. The case of petitioner was that first respondent was
not appointed on regular basis and he was appointed on a temporary basis
by the then Secretary without observing any formalities and the Secretary
who appointed the first respondent was also dismissed from service. The
case of the first respondent is that irrespective of what has happened to the
Secretary who employed him, his appointment was regular and he was
working in the office initially as an Office Assistant and later as a regular
Attendant and there were also works in the sales outlet run by the Society,
totaling around 7 years i.e. from 1978 to 1985. The salary being paid to the
first respondent was Rs.210/-.
2. On going through the award and after hearing both sides, I am of
the view that the employment of the first respondent, whether proper or not,
was factually correct. Therefore, his removal from service was not legal or
2
proper. However, I notice that removal of first respondent took place in
1985 and eversince he was out of service for the last 24 years. He had not
applied for Section 17B benefit, but this court through an interim order
ordered payment of Rs.5,000/- when stay was extended on 8.4.1997. It is
submitted that this amount was paid by the Society at that time. In any case
there is no scope for reinstatement of first respondent at this distance of time
and even if reinstated, he will have maximum of two years to serve the
Society. Further, he is gainfully employed elsewhere during the last several
years. In the circumstances, though I uphold Ext.P3 award with regard to
termination as illegal, modify the award relating to relief portion and
substitute the same by ordering compensation of Rs.50,000/- in addition to
the amount of Rs.5,000/- paid under interim orders. The petitioner-Society
will make payment within a period of one month from date of production of
copy of this judgment by the first respondent.
C.N.RAMACHANDRAN NAIR
Judge
pms