The High Court of Kerala dismissed the writ appeal as withdrawn. The appellant withdrew the appeal with liberty to urge all pending contentions against the final award before the Single Judge on futurity.
Permission to withdraw the writ appeal with liberty to urge all contentions before the learned Single Judge was granted.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HON'OURALE THE CHIEF JUSTICE MR.H.L.DATTU &
THE HONOURABLE MR. JUSTICE A.K.BASHEER
WEDNESDAY, THE 6TH AUGUST 2008 / 15TH SRAVANA 1930
W.A.No. 1237 of 2008
AGAINST THE JUDGEMENT IN OP.19207/2002 DATED 21/01/2008
APPELLANT/1ST RESPONDENT:
P.A.ABRAHAM, PUTHUPARAMBIL VEEDU, PANDALLUR HILLS.P.O., PANDIKKAD (VIA), MALAPPURAM.
BY ADV. SRI.P.C.SASIDHARAN
RESPONDENTS/PETITIONER & 2ND RESPONDENT:
------------------------------------------------------------------------1. M/S.GOKUL RUBBER & TEA PLANTATIONS LTD. GOKUL RUBBER ESTATE, PERINTHALMANNA, MALAPPURAM, REPRESENTED BY ITS DEPUTY GENERAL MANAGER.
R1 BY ADV. SRI.B.S.KRISHNAN (SR.), SRI.K.ANAND & SMT.LATHA KRISHNAN R2 BY SR.GOVERNMENT PLEADER SMT.K.MEERA THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 06/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
H.L.DATTU, C.J. & A.K.BASHEER, J.
W.A.No.1237 of 2008
-----------------------------------------Dated, this the 6th day of August, 2008
JUDGMENT
A.K.Basheer, J.
Having argued the matter for quite some time, learned counsel for the appellant seeks permission to withdraw the writ appeal with liberty to the appellant to urge all contentions available to him including the one touching upon the finding of the learned Single Judge with regard to the competency of the enquiry officer to conduct the enquiry, before the learned Single Judge. If such contentions are raised in the writ petition, which is stated to have been filed by the appellant against the final award passed in the case, we request the learned Single Judge to consider the same in accordance with law untrammelled by the findings entered in the impugned judgment.
Permission sought for is granted and the writ appeal is dismissed as withdrawn in the above terms.
( H.L.DATTU) CHIEF JUSTICE
(A.K.BASHEER) JUDGE
vns
P.A.Abraham
M/s.Gokul Rubber & Tea Plantations Ltd.
The Industrial Tribunal, Palakkad
H.L.Dattu
A.K.Basheer
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
