The General Secretary vs The Director on 18 December, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

RP.No. 1053 of 2009(B)


1. THE GENERAL SECRETARY,
                      ...  Petitioner

                        Vs



1. THE DIRECTOR, LOURDES HOSPITAL,
                       ...       Respondent

2. STATE OF KERALA,

                For Petitioner  :SRI.K.A.ABRAHAM

                For Respondent  : No Appearance

The Hon'ble MR. Justice S.SIRI JAGAN

 Dated :18/12/2009

 O R D E R
                           S. SIRI JAGAN, J
                 ................................................
                       R.P. No. 1053 of 2009
                .................................................
        Dated this the 18th day of December, 2009

                            J U D G M E N T

As per order dated 15.6.2009 in I.A. No. 13415 of 2007 in

W.P.(C) No. 28369 of 2006, this court directed the petitioner in the

writ petition to pay wages under Section 17B of the Industrial

Disputes Act to the workman involved in the Industrial Dispute,

which is the subject matter of the writ petition. This review

petition is filed by the workman seeking to review that part of the

order whereby wages under Section 17B was directed to be paid

with effect from the date of filing of the application under Section

17B. According to the petitioner, this court has in South Indian

Workers Congress and others Vs. Sree Sankara University of

Sanskrit [ ILR 2009(4) Kerala 11) held that 17B wages are

payable from the date of filing of the writ petition and not from the

date of filing of the application for wages under Section 17B.

2. Therefore the petitioner seeks review of that part of the

order dated 15.6.2009 restricting 17B wages from the date of filing

of the I.A., instead of the date of filing of the writ petition. The

Revision Petition is opposed by the counsel for the petitioner in the

R.P. No. 1053 of 2009 -2-

writ petition. However, he could not dispute the fact that that

issue is covered by the decision referred to above.

3. Therefore, I am of opinion that the order is liable to be

reviewed to that extent. Accordingly, it is made clear that the

petitioner in the review petition is liable to pay arrears of wages

under Section 17B as ordered in the order dated 15.6.2009, from

27.10.2006 and not with effect from the date of filing of the

application under Section 17B.

The review petition is disposed of as above.

sd/-

S. SIRI JAGAN, JUDGE
rhs

// True copy //

PA to Judge

The word “review” occuring in the 3rd line of paragraph 3 of the order dated
18/12/2009 in R.P No.1053/2009 is corrected and substituted by the word “writ” as per
order dated 10/03/2010 in I.A No.106/2010.

SD/-

Registrar(Judicial)