The Court modified a Labour Court award in a writ petition concerning a dismissed door keeper. Finding the workman abandoned work, the Court reduced the compensation to Rs. 5,000/- payable within two months.
Award of the Labour Court modified; petitioner to pay the workman an amount of Rs. 5,000/- within two 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 K.VINOD CHANDRAN
SATURDAY, THE 22ND DAY OF NOVEMBER 2014/1ST AGRAHAYANA, 1936
WP(C).No. 1443 of 2005 (V)
PETITIONER(S):
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K.RAVINDRA PANICKER, PROPRIETOR, DIVYA THEATRE, CHETTIKULANGARA, RESIDING AT AJAY NILAYAM, PUNNMOODU, MAVELIKKARA P.O.,
BY ADVS.SRI.A.JAYASANKAR SRI.MANU GOVIND.
RESPONDENT(S):
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1. LABOUR COURT, KOLLAM.
2. K.N.BHANU, THARAYIL VADAKKETHIL, KANNAMANGALAM NORTH, CHETIKULANGARA P.O.
BY ADV. SRI.M.V.MATHEW
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22-11-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
RVS.
WP(C).No. 1443 of 2005 (V)
APPENDIX
PETITIONER(S)' EXHIBITS :
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EXT. P3:TRUE COPY OF THE AWARD DATED 06/07/2004 PASSED BY THE 1ST RESPONDENT IN ID NO. 123/94.
RESPONDENT(S)' EXHIBITS :
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EXT. R2(A):TRUE COPY OF APPLICATION FILED BY THE PETITIONER. EXT. R2(B):- TRUE COPY OF BUILDING PERMIT DATED 11/07/2002. EXT. R2(C):- TRUE COPY OF THE SITE PLAN. EXT. R2(D):- TRUE COPY OF THE BUILDING PLAN. EXT. R2(E):- TRUE COPY OF THE REPLY FILED BY THE 3RD AND 4TH RESPONDENT.
/TRUE COPY/
P.A.TO JUDGE
RVS.
K. VINOD CHANDRAN, J.
===================== W.P.(C) No.1443 of 2005 - V
====================== Dated this the 22nd day of November, 2014
J U D G M E N T
The petitioner, who is the owner of a theater, is aggrieved by the award of the Labour Court granting compensation to the workman, which was computed as the monetary benefits due for the period from 22.10.1993 to 31.12.2000, as if the workman had continued in employment.
W.P.(C) No.1443 of 2005 - V
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was issued to the 2nd respondent and produced herein as Ext.P2, which was produced before the Labour Court as Ext.M5. In the notice, the unauthorised absence of the workman was highlighted and arrears of salary was also paid by way of a cheque. The workman presented the cheque without demur, but then revised a dispute which eventually resulted in a reference and the dispute being agitated before the Labour Court.
W.P.(C) No.1443 of 2005 - V
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the notice.
W.P.(C) No.1443 of 2005 - V
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W.P.(C) No.1443 of 2005 - V
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amount of Rs.5,000/- within a period of two months from today to the workman and the award of the Labour Court
would stand modified, to that extent.
The writ petition is partly allowed.
K. VINOD CHANDRAN, JUDGE
SB
3 issues framed by the court
Whether the Labour Court's award of compensation for unauthorized absence should be modified.
Whether the petitioner abandoned work due to failure to attend duty after a charge sheet was issued.
Whether the quantum of compensation granted to the workman is adequate.
K. Ravindra Panicker
Labour Court, Kollam
K.N. Bhanu
K. Vиноd CHANDRAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
