The High Court of Kerala dismissed a writ petition challenging the Labour Court's order rejecting an application to remand an expert report on wage arrears. Finding no illegality in the Labour Court's procedure or findings, the Court declined to exercise powers under Article 226 and dismissed the petition.
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 A.V.RAMAKRISHNA PILLAI
MONDAY, THE 8TH DAY OF JUNE 2015/18TH JYAISHTA, 1937
OP(LC).No. 16 of 2015 (O)
C.P.NO.37/2012 OF LABOUR COURT, ERNAKULAM
PETITIONER(S):
KHADI AND VILLAGE INDUSTRIES COMMISSION, REPRESENTED BY ITS PROJECT MANAGER, CENTRAL SILVER PLANT (CSP), KUTTOOR P.O. THRISSUR DISTRICT, PIN 680013.
BY ADV. SRI.K.KESAVAN KUTTY,SC
RESPONDENT(S):
1. K.R.PETER, KANJIRATHINGAL HOUSE, PAREKKADAVU P.O. VIA. KURUMASSERY, ERNAKULAM DISTRICT, PIN 683579.
2. LABOUR COURT, ERNAKULAM - 682031.
R2 BY GOVERNMENT PLEADER SMT.K.A.SANJEETHA
THIS OP (LABOUR COURT) HAVING COME UP FOR ADMISSION ON 08-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
PJ
OP(LC).No. 16 of 2015 (O)
APPENDIX
PETITIONER(S)' EXHIBITS
EXHIBIT-P7: TRUE COPY OF THE ORDER DATED 27.4.2015 IN I.A.NO.188/2014 IN C.P.NO.37 OF 2012 OF THE LABOUR COURT, ERNAKULAM.
RESPONDENT(S)' EXHIBITS
NIL.
/ TRUE COPY /
P.S. TO JUDGE
PJ
A.V.RAMAKRISHNA PILLAI, J
O.P.(Labour Court) No.16 of 2015
Dated this the 8th day of June, 2015
JUDGMENT
Ext.P7 order passed by the Labour Court, Ernakulam is under challenge in this writ petition.
O.P.(LC) No.16/2015 2
expert to submit a fresh report by computing the amount, if any, due to the respondent by way of re-fixation of pay and allowance in terms of the order of the Labour Court dated 19.12.2013. Ext.P5 was dismissed by the Labour Court as per Ext.P7 order dated 27.4.2015. It is with this background the petitioner has come up before this Court.
the said calculation statement has been prepared. Therefore, the Labour Court found that there is nothing wrong in accepting the report from the expert commissioner except that the arithmetical mistake pointed out above.
O.P.(LC) No.16/2015 3
court to arrive at a correct decision in the matter in dispute.
In the result, this writ petition is dismissed in limine. However, it shall be open to the petitioner to raise all contentions before the Labour Court, if so advised.
sd/- A.V.RAMAKRISHNA PILLAI JUDGE
css/ true copy
P.S.TO JUDGE
2 issues framed by the court
Whether this Court should interfere with the impugned order of the Labour Court rejecting the petitioner's application to remit the expert report for reconsideration.
Whether there is any illegality in the procedure adopted by the Labour Court in accepting the expert commissioner's report.
Colour shows how this judgement treated each authority
Article 226 of the ConstitutionReferred¶47
KHADI AND VILLAGE INDUSTRIES COMMISSION
K.R. PETER
LABOUR COURT, ERNAKULAM
A.V. RAMAKRISHNA PILLAI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
