K P Aboobacker vs India Coffee Board Workers Co-Operative Society Ltd, No.4227

Type Court Judgment Court Kerala Decided Feb 28, 2023

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Citation: sooperkanoon.com/1331734
Court: Kerala High Court
Judge: Honourable Mr.Justice S.V.Bhatti,Honourable Mr.Justice Basant Balaji
Decided On: Feb 28, 2023
Case Number: WA/70/2023

Parties & Advocates

Appellant / Petitioner

K P Aboobacker

Respondent

India Coffee Board Workers Co-Operative Society Ltd, No.4227

Excerpt

.....entered by the arbitration court regarding the payment of back wages only on the pleadings of the workman that he was remaining jobless and he made all efforts to secure a job and since he could not obtain any job and therefore he is entitled to full back wages. the arbitration court, as well as the tribunal, had not given any reason for entering into a specific finding for payment of the back wages. the learned single judge after perusing the award of the tribunal as well as the arbitrationcourt held that there is no consideration or reason for payment of back wages. in such a situation, the learned single judge set aside the award of the arbitration court and the tribunal, only to the extent to which it has ordered back wages and directed the arbitration court to reconsider the matter after hearing both sides and evaluating the evidence and materials on record.4. being an intra-court appeal, we do not interfere withthe discretionary relief granted by the learned single judge remitting the issue to the arbitration court for fresh disposal. the direction is given since there is no discussion or finding regarding the payment of back wages. therefore, the writ appeals fail and the same is dismissed. since the issue is regarding the payment of back wages and the dispute arose in the year 2007, we deem it appropriate that a direction can be given to the arbitration court for speedy disposal. hence, we direct the parties to appear before the arbitration court, thiruvananthapuram, on 28.03.2023 and the arbitration court is directed to pass final orders on the issue regarding back wages within a period of two weeks thereafter. the writ appeals are dismissed with the above direction. sd/- s.v.bhatti, judge sd/- basant balaji, judge ss

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE S.V.BHATTI & THE HONOURABLE MR.JUSTICE BASANT BALAJI TUESDAY, THE 28TH DAY OF FEBRUARY 2023/9TH PHALGUNA, 1944 W.A. NO.70 OF 2023 (AGAINST THE JUDGMENT IN WP(C) 13616/2013 OF HIGH COURT OF KERALA) APPELLANT/2nd RESPONDENT: K.P.ABOOBACKER, AGED 57 YEARS, S/O.KUNJI MOHAMMED, KIZHAKKUMPARAMBIL HOUSE, EZHUVANTHALA P.O, NELLAI, PALAKKAD DISTRICT, PIN - 679 335 BY ADVS. DILEEP VARGHESE TESMY VARGHEESE RESPONDENTS/PETITIONER/RESPONDENTS 1 & 3:
1 INDIA COFFEE BOARD WORKERS CO-OPERATIVE SOCIETY LTD, NO.4227, THRISSUR, P B NO.184, PIN - 680 001, REP BY ITS SECRETARY, VARGHESE, S/O.THOMAS, 2 STATE OF KERALA, REP BY PRINCIPAL SECRETARY, DEPARTMENT OF CO-OPERATION, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695 001 3 KERALA CO-OPERATIVE TRIBUNAL, THIRUVANANTHAPURAM, PIN - 695 001, REP BY SECRETARY, STANDING COUNSEL, SRI.V.RAJENDRAN (PERUMBAVOOR) GOVERNMENT PLEADER, SMT.MARY BEENA JOSEPH
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 28.02.2023, ALONG WITH WA.71/2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE S.V.BHATTI & THE HONOURABLE MR.JUSTICE BASANT BALAJI TUESDAY, THE 28TH DAY OF FEBRUARY 2023/9TH PHALGUNA, 1944 W.A. NO.71 OF 2023 (AGAINST THE JUDGMENT IN WP(C) 11494/2017 OF HIGH COURT OF KERALA) APPELLANT/PETITIONER: K. P. ABOOBACKER, AGED 57 YEARS, S/O.KUNJI MOHAMMED, KIZHAKKUMPARAMBIL HOUSE, EZHUVANTHALA P.O, NELLAI, PALAKKAD DISTRICT, PIN - 679 335 BY ADVS. DILEEP VARGHESE TESMY VARGHEESE RESPONDENTS/RESPONDENTS:
1 STATE OF KERALA, REP BY PRINCIPAL SECRETARY, DEPARTMENT OF CO-OPERATION, SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2 INDIA COFFEE BOARD WORKERS CO-OPERATIVE SOCIETY LTD, NO.4227, THRISSUR, P B NO.184, PIN - 680 001, REP BY ITS PRESIDENT, 3 INDIA COFFEE BOARD WORKERS CO-OPERATIVE SOCIETY LTD, NO.4227, THRISSUR P.B. NO.184, PIN - 680 001, REP BY ITS SECRETARY. 4 KERALA CO-OPERATIVE TRIBUNAL, THIRUVANANTHAPURAM, PIN - 695 001, REP. BY SECRETARY 5 GENERAL MANAGER (REGISTRAR), DISTRICT INDUSTRIES CENTRE, AYYANTHOLE, THRISSUR, PIN - 680 003, REGISTRAR OF INDUSTRIAL CO-OPERATIVE SOCIETIES, THRISSUR, BY ADV V.RAJENDRAN (PERUMBAVOOR), GOVERNMENT PLEADER, SMT.MARY BEENA JOSEPH
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 28.02.2023, ALONG WITH WA.70/2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

(Dated: 28th February, 2023) [WA Nos.70/2023, 71/2023]

Basant Balaji, J.

These two writ appeals arise from a common issue and

therefore they are heard together and disposed of by a common judgment. W.A.No.70 of 2023 is filed against the judgment in W.P.(C) No.13616 of 2013 wherein the first respondent was the petitioner. W.A.No.71 of 2023 is filed against the judgment in W.P.(C) No.11494 of 2017 wherein the appellant himself was the petitioner. The learned single Judge by a common judgment set aside the award of the Arbitration Court and the Tribunal to the extent of the back wages and directed re-consideration after hearing both sides, within a period of six months from the date of receipt of the copy of the judgment.

2. Facts noted briefly, for the disposal of these appeals

are as follows: The appellant was employed in the service of the society. For unauthorised absence, disciplinary action was initiated against him, and was dismissed from service. This was challenged before the Arbitration Court and the Arbitration Court set aside the award and directed reinstatement with 40% back wages. The Society took up the award in appeal before the Kerala Co-operative Tribunal, and the Tribunal concurred with the

finding of the Arbitration Court and dismissed the appeal. Challenging the order of the Arbitration Court and the Tribunal on various grounds Writ Petition No.13616 of 2013 was filed by the Society. Denying back wages to the extent of 40% was challenged by the workman in W.P.(C)No.11494 of 2017. The main ground raised was that the Tribunal as well as the Arbitration Court entered into a finding of payment of back wages at the rate of 40% as payment of back wages is not automatic once the disciplinary action is set aside. By the time the workman

had already re-joined duty. The learned single Judge after examining the award of the Arbitration Court held that the Arbitration Court without any reason had awarded back wages at the rate of 40%.

3. We have perused the award of the Arbitration Court

and we do not find any reason stated by the court for awarding back wages at the rate of 40%. Though an appeal was filed before the Tribunal, by the management, the Tribunal concurred with the findings entered by the Arbitration Court regarding the payment of back wages only on the pleadings of the workman that he was remaining jobless and he made all efforts to secure a job and since he could not obtain any job and therefore he is entitled to full back wages. The Arbitration Court, as well as the Tribunal, had not given any reason for entering into a specific finding for payment of the back wages. The learned single Judge after perusing the award of the Tribunal as well as the Arbitration

Court held that there is no consideration or reason for payment of back wages. In such a situation, the learned single Judge set aside the award of the Arbitration Court and the Tribunal, only to the extent to which it has ordered back wages and directed the Arbitration Court to reconsider the matter after hearing both sides and evaluating the evidence and materials on record.

4. Being an intra-court appeal, we do not interfere with

the discretionary relief granted by the learned single Judge remitting the issue to the Arbitration Court for fresh disposal. The direction is given since there is no discussion or finding regarding the payment of back wages. Therefore, the writ appeals fail and the same is dismissed. Since the issue is regarding the payment of back wages and the dispute arose in the year 2007, we deem it appropriate that a direction can be given to the Arbitration Court for speedy disposal. Hence, we direct the parties to appear before the Arbitration Court, Thiruvananthapuram, on 28.03.2023 and the Arbitration Court is directed to pass final orders on the issue regarding back wages within a period of two weeks thereafter. The writ appeals are dismissed with the above direction. Sd/- S.V.BHATTI, JUDGE Sd/- BASANT BALAJI, JUDGE ss

Same Court & Year Kerala · 2023 Same Parties K P Aboobacker vs India Coffee Board Workers Co-Operative Soc... Same Judge Honourable Mr.Justice S.V.Bhatti,Honourable Mr.Justice Basant...