IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN FRIDAY, THE31T DAY OF JANUARY201411TH MAGHA, 1935 WP(C).No. 28257 of 2010 (F) ---------------------------------------- [I.D. NO.141/1995 OF THE LABOUR COURT, KOLLAM] ............ PETITIONER: ------------------- M.KARTHIKEYAN, AGED49YEARS, S/O.N.K.MADHAVAN, NIKARTHIL HOUSE, PANAVALLY P.O, CHERTHALA, ALAPPUZHA DISTRICT. BY ADV. SRI.ALIAS M.CHERIAN. RESPONDENTS: ----------------------- 1. PRESIDENT, KSHEEROLPADAKA CO-OPERATIVE SOCIETY LTD. NO.170(D), PANAVALLY P.O, CHERTHALA, ALAPPUZHA DISTRICT.
2. KERALA CO-OPERATIVE MILK SOCIETIES- EMPLOYEES ASSOCIATION INTUC-I, TALUK COMMITTEE, CHERTHALA, ALAPPUZHA DISTRICT, REPRESENTED BY ITS PRESIDENT.
3. DEPUTY DIRECTOR, DIARY DEVELOPMENT DEPARTMENT, ALAPPUZHA. R1 BY ADVS. SRI.V.G.ARUN, SRI.T.R.HARIKUMAR, R3 BY GOVERNMENT PLEADER SRI. JOSEPH GEORGE. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON3101-2014, ALONG WITH W.P.(C).NOS.9176/2010 & 9190/2010 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Prv. W.P.(C).NO.28257/2010-F: APPENDIX PETITIONER'S EXHIBITS: EXT.P.1: COPY OF THE AWARD DTD. 09/06/2003 IN I.D. NO.141/94. EXT.P.2: COPY OF THE JUDGMENT
DTD. 27/03/2009 IN W.P.(C).NO.5515 OF2004 EXT.P.3: COPY OF THE JUDGMENT
DTD. 03/12/2009 IN W.A. NO.2610 OF2009 EXT.P.4: COPY OF THE REPRESENTATION DTD. 31/12/2009. EXT.P.5: COPY OF THE APPLICATION DTD. 26/03/2010. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE. Prv. K. Vinod Chandran, J -------------------------------------------- W.P.(C).Nos.28257 of 2010-F, 9176 of 2010-V & 9190 of 2010-W ---------------------------------------------- Dated this the 31st day of January, 2014 JUDGMENT
W.P.(C).No.28257 of 2010 is filed by an individual, who was the Secretary of the 1st respondent-Society and was dismissed from service. The dismissal order was successfully challenged before the various forums. On a challenge made, being raised as an industrial dispute which was referred for adjudication; the Labour Court, Kollam found that the petitioner-workman is liable to be reinstated with 70% back wages. The award of the Labour Court, produced as Exhibit P1, was challenged by the Society before this Court and confirmed in Writ Petition and Writ Appeal, the judgments of which are produced as Exhibits P2 and P3. The petitioner in the said writ petition seeks enforcement of such orders, since he has not been reinstated till now. WP(C).No.28257 of 2010 & - 2 - connected cases.
2. In the circumstance of the submission made by the learned counsel appearing for the respondent-Society that the Managing Committee of the Society had taken a resolution to reinstate the petitioner with immediate effect, on 30.01.2014, the same shall be done without fail, immediately. The petitioner shall appear before the Managing Committee of the Society or the Society for being taken back in service at the earliest date.
3. W.P.(C).Nos.9176 of 2010 and 9190 of 2010 are filed by the Society, challenging the orders passed by the Labour Court in the applications filed by the dismissed - but - now reinstated Secretary, under Section 33C(2) of the Industrial Disputes Act, 1947 (for short "the Act") which stood allowed in terms of the earlier award passed by the Labour Court. The Society-employer, who is the petitioner in the said writ petitions, challenge the said order of the Labour Court. It is trite that Section 33C(2) can be invoked only for computation of amounts which are entitled on the basis of an adjudication earlier made. In the present case, there is WP(C).No.28257 of 2010 & - 3 - connected cases. already an award of the labour Court, which had directed reinstatement of the workman with 70% back wages. Such award, as has been noticed above, was unsuccessfully challenged by the Society before the various forums and stands confirmed by a Division Bench of this Court.
4. In the context of the above findings as also in the circumstance of the Society having decided to take back the Secretary-workman as directed by the Labour Court, it would be open for the Society and the Secretary-workman, who is now directed to be reinstated, to negotiate and settle the amounts due as per the award. It is evident that the writ petitions filed by the Society deal with the wages due to the employee for the period June 1994 to December 2006 and January 2007 to December 2009. Necessarily the said amounts will have to be paid by the Society. It is also submitted by the learned counsel for the Society that an amount of Rs.4,00,000/- (Rupees four lakhs only) is already paid to the employee during the pendency of the writ petitions. Necessarily the same shall be deducted when WP(C).No.28257 of 2010 & - 4 - connected cases. computing the amounts due in the two writ petitions. The amount so computed/arrived at, shall be paid within a period of six months from today. The further payment shall depend upon any adjudication initiated by the petitioner-workman or on a negotiated settlement by the Society and the workman. Writ petitions are disposed of as above, leaving the parties to suffer their respective costs. Sd/- K.Vinod Chandran Judge. vku/- ( true copy )