K.D.Babu vs Union Of India
2021 Latest Caselaw 14892 Ker

WA No.768/2021                                 1/4

                         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                         PRESENT
                       THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
                                            &
                        THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
             Thursday, the 15th day of July 2021 / 24th Ashadha, 1943
                                WA NO. 768 OF 2021
     (AGAINST JUDGMENT DATED 30/3/2021 IN WP(C) NO. 7161/2021 OF THIS COURT)
   APPELLANT/PETITIONER:

          K.D.BABU, AGED 50 YEARS, S/O. DEVASIA, KUNNEL HOUSE, P.O.
          MANIKADAVU, NUCHIYAD AMSOM, DESOM, TALIPARAMBA TALUK, KANNUR
          DISTRICT-670705.                                          BY ADVS.
          C.P.PEETHAMBARAN AND V.A.MINI

   RESPONDENTS/RESPONDENTS:

      1. UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF LABOUR AND
         EMPLOYMENT, CENTRAL SECRETARIAT, PARLIAMENT STREET, NEW
         DELHI-110001.
      2. RUBBER BOARD, NEAR KOTTAYAM RAILWAY STATION, MAIN CENTRAL ROAD,
         KEEZHUKUNNU, KOTTAYAM, PIN-686009, REPRESENTED BY ITS CHAIRMAN.
      3. THE DIRECTOR, RUBBER RESEARCH INSTITUTE OF INDIA, PADIYUR ,
         KANNUR-670593.


                 BY ASGI FOR R1 (BY ORDER)

          SRI. ALEXANDER MARKOSE, STANDING COUNSEL FOR RUBBER BOARD
FOR R2 AND R3 (BY ORDER)

     Prayer for interim relief in the writ appeal stating that in the circumstances stated in
the appeal memorandum this Hon'ble court may be pleased to stay that of the Award in
Exhibit P-8, granting permission to the management to accomodate the appellant in any
equivalent post, pending disposal of the writ petition, in the interest of justice.

        This writ appeal coming on for orders on 15.7.21 upon perusing the
   appeal memorandum, the court on the same day passed the following.
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  EXHIBIT P8 : TRUE COPY OF THE AWARD DATED 27.01.2020 IN ID NO.43/2013 OF CENTRAL
GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR COURT, ERNAKULAM.
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                    ALEXANDER THOMAS & A.BADHARUDEEN, JJ.
                 -------------------------------------------------------------------
                                      W.A. No. 768 of 2021
                      [arising out of the impugned judgment dated 30.3.2021 in
                                        WP(C). No. 7161 of 2021]
                 --------------------------------------------------------------------
                              Dated this the 15th day of July, 2021

                                            ORDER

Prima facie, we are of the view that the matter would require

serious consideration at our hands inasmuch as the Tribunal has not

given any proper reasons for holding that 100% back wages are to be

denied to the reinstated workmen. Further, it appears from the

version of Sri.C.P.Peethambaran, learned counsel appearing for the

appellant workmen that even now the employer has not paid Sec.17B

wages though they filed WP(C) No. 919/2021 and the same was

dismissed on 13.1.2021.

Sri.Alexander Markose, learned Standing Counsel for the

respondent Rubber Board, seeks short time to get instructions in the

matter.

Time granted. List the case on 28.7.2021 on the top of the

Admission List.

Hand over to both sides.

Sd/-

ALEXANDER THOMAS, JUDGE

Sd/-

                                                         A.BADHARUDEEN, JUDGE

           MMG
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          W.A. No. 552 of 2020

                                           ..2..




15-07-2021                       /True Copy/         Assistant Registrar