High Court set aside a Labour Court award that directed reinstatement without back wages or salary payment. It held the award unsustainable and directed the petitioner to pay retrenched benefits under Section 25F.
Set aside Award (Ext.P4); direct petitioner to pay retrenched benefits under Section 25F within three months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE B.P.RAY
FRIDAY, THE 15TH DAY OF FEBRUARY 2013/26TH MAGHA 1934
WP(C).No. 15313 of 2005 (W)
PETITIONER:
M.ROHINI, (FORMER) EMPLOYER, BALARAM BUS TRANSPORT, JAISHA NIWAS, PALLIPOYIL, P.P. MOWVANCHERRY, KANNUR DISTRICT.
BY ADVS.SRI.K.P.SREEKUMAR, SRI.P.M.SATHEESH.
RESPONDENTS:
1. THE LABOUR COURT, KANNUR.
2. E. VIJAYAN, S/O. KUKNHIRAMAN, AGED 44, KADAMBOOR AMSOM, ADOOR DESOM, KANNUR DISTRICT.
3. C.P. PRAKASHAN, S/O. KRISHNAN, AGED 45, RESIDING AT PUTHIYAVEETTIL, CHELORA AMSOM, MACHERRI DESOM, P.O. MOWVANCHERRY, KANNUR DISTRICT.
4. K.K. KUMARAN, AGED 60, RESIDING AT SAVITHRI BHAVAN, CHELORA AMSOM, MACHERRI DESOM, P.O. MOWVANCHERRY, KANNUR DISTRICT.
5. THE SECRETARY, MOTOR TRANSPORT EMPLOYEES UNION, KANNUR DIVISION COMMITTEE, KANNUR.
R1 BY GOVERNMENT PLEADER SMT. MAYA, R2 TO R5 BY ADV. SRI.M.SASINDRAN.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15-02-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Prv.
W.P.(C). NO.15313/2005-W:
APPENDIX
PETITIONER'S EXHIBITS:
| EXT.P.1: | COPY OF THE EXTRACT OF R.C. PARTICULARS OF THE REGISTERING AUTHORITY, KANNUR TRANSFERRING THE REGISTRATION OF PETITIONER'S BUS KL 13A-4293 TO THE NAME OF THE FINANCIER DTD. 09/07/1998. |
|---|---|
| EXT.P.2: | COPY OF THE CLAIM STATEMENT FILED IN I.D. 11 OF 2000 BEFORE THE R.1. BY THE RESPONDENTS 2 TO 4 DTD. 06/03/2000. |
| EXT.P.3: | COPY OF THE COUNTER STATEMENT OF THE PETITIONER HEREIN FLED IN I.D. 11/2000 BEFORE THE R.1. DTD. 10/04/2000. |
| EXT.P.4: | COPY OF THE AWARD PASSED BY THE R.1. IN I.D. 11/2000 DTD. 03/06/2004. |
| EXT.P.5: | COPY OF THE C.P.NO.2/05 FILED BY THE R.2. IN I.D. 11/2000 DTD. 25/1/05. |
| EXT.P.6: | COPY OF THE C.P. NO. 3/05 FILED BY THE R.3. IN I.D. 11/2000 DTD. 25/01/05. |
| EXT.P.7: | COPY OF THE C.P.NO.4/05 FILED BY THE R.4. IN I.D. 11/2000 DTD. 25/01/05. |
RESPONDENTS' EXHIBITS: NIL.
//TRUE COPY//
P.A. TO JUDGE
Prv.
B.P.RAY, J.
W.P.(C)No.15313 OF 2005
JUDGMENT
This writ petition is being filed praying inter alia for a writ of certiorari quashing Ext.P4 award and for a declaration that Exts.P5 to P7 proceedings initiated by respondents 2 to 4 under Section 33(c) are unsustainable in law and quash the same.
W.P.(C)No.15313 OF 2005
:: Page numbers ::
Disputes Act. According to learned counsel for the petitioner neither the award is maintainable nor the present application filed by the respondents 2 to 4 to enforce the award is sustainable in view of the fact that there is no award passed for reinstatement with backwages or for payment of salary or other benefits.
Writ petition is disposed of with the aforesaid direction.
B.P.RAY, JUDGE
jes
2 issues framed by the court
Whether the adjudicating authority's award directing reinstatement without back wages is maintainable and sustainable for enforcement.
Whether the proceedings initiated to enforce the award under Section 33(c)(2) of the Industrial Disputes Act are sustainable in law given the absence of backwages or salary payment.
2 provisions across 1 enactments
M. Rohini
The Labour Court, Kannur
E. Vijayan
C.P. Prakashan
K.K. Kumaran
The Secretary, Motor Transport Employees Union
B.P. Ray
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
