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Ram Reni Transport vs Murukesan
2025 Latest Caselaw 5501 Ker

Citation : 2025 Latest Caselaw 5501 Ker
Judgement Date : 26 March, 2025

Kerala High Court

Ram Reni Transport vs Murukesan on 26 March, 2025

WP(C) NO. 2163 OF 2018 &
WP(C) NO. 1125 OF 2020        1            2025:KER:25352



          IN THE HIGH COURT OF KERALA AT ERNAKULAM

                           PRESENT

        THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.

 WEDNESDAY, THE 26th DAY OF MARCH 2025 / 5TH CHAITHRA, 1947

                   WP(C) NO. 2163 OF 2018

PETITIONERS:

          RAM RENI TRANSPORT, M.G.ROAD, THRISSUR,
    1     REPRESENTED BY ITS MANAGING PARTNER NANDHINI. R.

          NALLAPPA TRANSPORT,
          POLLACHI - COIMBATORE ROAD, POLLACHI - 642 102,
    2     REPRESENTED BY ITS MANAGING PARTNER
          SENTHIL KUMAR. A.

          BY ADVS. SRI.P.RAMAKRISHNAN
          SRI.C.ANIL KUMAR
          SMT.ASHA K.SHENOY
          SRI.T.C.KRISHNA
          SMT.PREETHI RAMAKRISHNAN P-212
          SRI.PRATAP ABRAHAM VARGHESE
RESPONDENTS:

          MURUKESAN, S/o P.K. KRISHNAN CHETTIAR,
          DEVANGAPURAM, 1ST STREET, CHITTOOR,
    1
          PALAKKAD - 678 506.

          K. RATHINAKUMAR, S/o P.L. KRISHNASWAMY, DOOR NO.
    2     18/28,SRMS MILL VEETHI, POLLACHI, TAMIL NADU -
          642 001.
    3     M. KANDASWAMY, S/o MARIYAPPAN GOUNDER, 1/40,
          ARSUR, KAMBALAPETTY P.O., POLLACHI,
 WP(C) NO. 2163 OF 2018 &
WP(C) NO. 1125 OF 2020       2            2025:KER:25352



          TAMIL NADU -642 007.

          CHANDRAN, S/o NARAYANA MANNADIYAR,
          NO. 8, GOVINDAPURAM P.O., MUTHALAMADA,
    4
          PALAKKAD - 678 507.

          RAVI, S/o NARAYANAN EZHUTHACHAN, S.V. STREET,
    5     KOLLENGODE, PALAKKAD - 678 506.

          A. ARAVINDAN, S/o A.ACHUTHAN, THOZHIL PETTA,
    6     VINAYAKAR STREET, POLLACHI, TAMIL NADU - 642 001.

          MANAGING PARTNER, NTP BUS SERVICES,
          THIRUNJANA SAMBANTHAR VEETHI, LIC COLONY,
    7
          MAHALINGAPURAM, POLLACHI, TAMIL NADU -642 001.

          NITHYA TRANSPORT, M.G. ROAD,
    8     POOTHOLE, THRISSUR - 680 004.

          M/s MANIKANDAN BUS SERVICES, M.G. ROAD,
    9     POOTHOLE, THRISSUR - 680 004.

          INDUSTRIAL TRIBUNAL,
    10    PALAKKAD, PIN - 678 002.

          BY ADVS. SMT.ANU JACOB
          SRI.JACOB SEBASTIAN
          SRI.K.V.WINSTON
          SRI.P.THOMAS GEEVERGHESE
          SRI.TONY THOMAS INCHIPARAMBIL
          BY SR. GOVERNMENT PLEADER SMT. SURYA BINOY (R10)



     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 11.03.2025, ALONG WITH WP(C).1125/2020, THE COURT ON
26.03.2025 DELIVERED THE FOLLOWING:
 WP(C) NO. 2163 OF 2018 &
WP(C) NO. 1125 OF 2020         3        2025:KER:25352




          IN THE HIGH COURT OF KERALA AT ERNAKULAM

                            PRESENT

        THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.

 WEDNESDAY, THE 26th DAY OF MARCH 2025 / 5TH CHAITHRA, 1947

                   WP(C) NO. 1125 OF 2020

PETITIONERS:

          R. NANDINI, MANAGING PARTNER,
    1     M/s RAM RENI TRANSPORT, M.G. ROAD, THRISSUR.

          SHAJAHAN, S/o MUHAMMED HANEEFA, PULIYANKAVUKALA,
    2     POOKUNNI, VADAVANNUR P O, CHITTUR, PALAKKAD.

          BY ADV P.DEEPAK

RESPONDENTS:

          THE REGIONAL TRANSPORT AUTHORITY,
          PALAKKAD, REPRESENTED BY ITS SECRETARY,
    1
          CIVIL STATION, PALAKKAD-678001.

          THE SECRETARY,
          REGIONAL TRANSPORT AUTHORITY, PALAKKAD,
    2
          CIVIL STATION, PALAKKAD-678001.

          MURUKESAN, S/o P.K. KRISHNAN CHETTIAR,
          DEVANGAPURAM, 1ST STREET, CHITTUR,
    3
          PALAKKAD-678506.

    4     K. RATHINAKUMAR, S/o P.L. KRISHNASWAMY,
 WP(C) NO. 2163 OF 2018 &
WP(C) NO. 1125 OF 2020      4          2025:KER:25352



         DOOR NO. 18/28, SRMS MILL VEETHI,
         POLLACHI, TAMIL NADU-642001.

         M. KANDASWAMY, S/o MARIYAPPAN GOUNDER,
         1/40 ARASUR, KAMBALAPETTY P O, POLLACHI,
    5
         TAMIL NADU-642007.

         CHANDRAN, S/o NARAYANA MANNADIYAR,
         NO.8, GOVINDAPURAM P O, MUTHALAMADA,
    6
         PALAKKAD-678507.

         RAVI, S/o NARAYANAN EZHUTHACHAN,
    7    S.V. STREET, KOLLENGODE, PALAKKAD-678506.

         A. ARAVINDAN, S/o A. ACHUTHAN,
         THOZHIL PETTA, VINAYAKAR STREET,
         POLLACHI, TAMIL NADU-642001.
    8

         BY SR. GOVERNMENT PLEADER SMT. SURYA BINOY (R1 &
         R2)

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 11.03.2025, ALONG WITH WP(C).2163/2018, THE COURT ON
26.03.2025 DELIVERED THE FOLLOWING:
 WP(C) NO. 2163 OF 2018 &
WP(C) NO. 1125 OF 2020                  5              2025:KER:25352




                                  JUDGMENT

W.P.(C) No.2163 of 2018 is filed challenging Ext.P4 common award

passed by the Industrial Tribunal, Palakkad, dated 06.11.2017 in Industrial

Dispute No.2/2016. The 1st and 2nd petitioners are partnership firms engaged

in stage carriage services.

2. Respondents 1 to 6 in the writ petition filed an application under

Section 2 (A) (2) of the Industrial Disputes Act, 1947, seeking relief against the

denial of employment by the management and also for reinstatement in

service with back wages. Subsequently, the same subject matter was referred

as per the Government Order dated 16.12.2015. The application filed under

Section 2 (A) (2) of the Industrial Disputes Act, 1947, was taken on file as

O.A.I.D. No.1/2015, and the reference was taken on file as I.D.No.2/2016, and as

the issues and the parties were common, both the disputes were considered

jointly leading to Ext.P4 common award.

3. The respondents 1 to 6 of this writ petition contended that they were

working as Drivers, Conductors and Cleaners in the bus service owned by the

7th respondent, Managing Partner, NTP Bus Services. Later on, based on the

contention raised by the management, M/s Ram Reni Transport, M/s Nithya WP(C) NO. 2163 OF 2018 & WP(C) NO. 1125 OF 2020 6 2025:KER:25352

Transport, M/s Nallappa Transport and M/s Manikandan Bus Services were

impleaded as supplementary parties. The Workmen contended that the

management was running buses bearing Registration Numbers (1) KL-10-Q-

8600, (2) KL-11 R 5851, (3) KL-13 P 8719, (4) KL 08 Z 9118, (5) KL 08 D 7135, (6)

KL 08 AB 4007, (7) KL 09 B5670, (8) KL 13 H 7272 (9) KL 8 Y 1484 (10) KLQ 2005,

(11) KL 9 AA 8060 and (12) KL 8 X 1683 and had many routes allotted by the

Regional Transport Authority including inter-state permit on Pollachi-

Thrissur route. Alleging that the workmen were not paid their statutory

entitlements and that the management had asked them to work in all buses

the management owned and that the workers had worked in all the buses of

the management which were plying in the name of NTP bus service

interchangeably, a complaint was raised that the management had denied

employment to them which was illegal and therefore they claimed

reinstatement with back wages.

4. The management contended that Sri. Ramaswamy Gounder had no

relation to the NTP Bus Service, and he is the Managing Partner of Nithya

Transport and Manikandan Bus Service, partnership firms constituted on

27.03.2013 and 1.06.2006, respectively. It was stated that Smt. Nandini is the

Managing Partner of Ram Reni Transport, a firm constituted on 01.09.1990. It WP(C) NO. 2163 OF 2018 & WP(C) NO. 1125 OF 2020 7 2025:KER:25352

was stated that Nallappa Transport had no relationship whatsoever in the

dispute. In short, they contended that there was no employer-employee

relationship between the workers and the NTP Bus Service and Nallappa

Transport and that all the five managements in the dispute were

independent.

5. It was further alleged that Sri. Murukesan and Sri. Aravindan,

respondents 1 and 6, were working in Ram Reni Transport and had resigned

voluntarily and Sri. Aravindan settled his Employees Provident Fund on

12.10.2010 and received Rs.1,31,185/-, while Sri. Murukesan who was working

from 01.08.2010 to 02/2011, had resigned from service. It was stated that Sri.

Rathinakumar, Sri. M. Kandaswami and Sri. N. Chandran, respondents 2 to 4,

had resigned from Manikandan Bus Service on 06.06.2005 and had also

received a refund from the Motor Thozhilali Welfare Fund Board. It was

stated that the Sri. Ravi, the fifth respondent, has not worked at all in the 2nd,

3rd and 5th management at any point in time and had no employer-employee

relationship between them. Workers No.2 to 4 in the dispute had worked in

Nithya Transport subsequently and had resigned from service on 05.08.2011,

11.06.2011 and 30.08.2011, respectively. They contend that there was no

occasion for any denial of employment to workers 1 to 6 in the above dispute WP(C) NO. 2163 OF 2018 & WP(C) NO. 1125 OF 2020 8 2025:KER:25352

by management Nos.2, 3 and 5 and hence they are not entitled to any relief as

claimed.

6. Through the award impugned, it was found that workmen Nos.1, 2, 3,

4 and 6 continued service in the management with effect from 15.06.1994 and

Sri. Ravi, the 5th workman, had continued service in the management with

effect from 2005 onwards and in the absence of the management producing

the relevant documents like Attendance Register, Wages Register and Service

Records, adverse inference had to be drawn against them and accordingly, the

award was passed holding that management Nos.1 to 5 had denied

employment to the workers. The operative portion of the award runs as

follows:

"27. In the result an award is passed holding that the management Nos.1 to 5 in the above matter have denied employment to the workers herein and the Workers No.1, 2, 3 4 and 6 are entitled to receive Rs.1,75,000/- (Rupees One Lakh Seventy Five Thousand Only) and the 5th workman Sri. Ravi is entitled to receive Rs.75,000/- (Rupees Seventy Five Thousand Only) as compensation. If the management is opting not to pay the compensation amount the workers are entitled to the reinstatement with continuity of service. They will also be entitled to the back wages amounting to 35% of the total back wages due WP(C) NO. 2163 OF 2018 & WP(C) NO. 1125 OF 2020 9 2025:KER:25352

which is to be calculated on the basis of the last drawn salary shown in the schedule attached to the complaint. The management has to exercise their option to pay compensation within 60 days from the date of pronouncement of this award in the open court by paying the amount of compensation. If the option is not exercised by the management, the workers will be entitled to re-instatement with continuity of service and 35% of the total back wages as mentioned above. It is also made clear that the Management No.1 to 5 are jointly and severally liable to comply this award."

7. The writ petition is filed by Ram Reni Transport and Nallappa

Transport alone, management Nos.2 and 4, respectively.

8. The learned counsel for the petitioners, Sri. P. Ramakrishnan argues

that neither in the claim statement nor in the evidence adduced by the

Tribunal did the workers claim employment under the petitioners, and

therefore, there was no question of the petitioners being mulcted with any

liability. It is also argued that the documents produced showed that the sixth

respondent closed his PF account and left the services and Exts.P9 and P10

showed that applications were submitted under the provisions of the Payment

of Gratuity Act, 1972 which reveals that workers had left the service

voluntarily and therefore the finding that the workers were denied WP(C) NO. 2163 OF 2018 & WP(C) NO. 1125 OF 2020 10 2025:KER:25352

employment is without any evidence.

9. It is also pointed out that Ext.P3 statement shows that respondents 2

to 4 had left services on 06.06.2005 accepting their eligible dues from the

Kerala Motor Transport Workers Welfare Fund Board and the 8th respondent

had admitted that respondents 2 to 4 had thereafter worked under the said

respondents till 05.08.2011, 11.06.2011 and 30.08.2011 respectively and in the

light of the said admission and the evidence of MW1, no liability could have

been cast on the petitioners. It is argued that reliance was wrongly placed on

the photographs produced while filing W.P.(C) No.31790/2014, filed on behalf

of respondents 8 and 9 by Sri. Ramaswamy, the Managing Partner of those

firms, seeking police protection. Though the Tribunal found that the date of

entry in the service claimed by respondents 1 to 6 cannot be accepted, it found

fault with the management for not producing the relevant documents.

10. The Tribunal relied on an identity card and receipts issued by a

trade union to conclude that the 5th respondent was appointed in the year

2005. The evidence let in by the workers clearly showed that they were not

even aware of any particulars relating to NTP bus services under which they

claimed they were employed. In any view of the matter, in the absence of any

evidence to suggest the wages allegedly received by the workmen, the length WP(C) NO. 2163 OF 2018 & WP(C) NO. 1125 OF 2020 11 2025:KER:25352

of service or as under whom they worked, the award fixing the compensation

is liable to be interfered with.

11. Learned counsel for respondents Sri. Jacob Sebastian, based on the

counter affidavit that has been filed on behalf of the workmen, argued that

the admission of MW1 that Nallappa Gounder, the father-in-law of Sri.

Ramaswamy Gounder had started the bus service in the name of the style of

NTP, and that Sri. Senthil Kumar, the Managing Director of Nallappa

Transport, is the grandson of Nallappa Gounder and Smt. Nandini, the

Managing Director of Ram Reni Transport is the granddaughter of Sri.

Nallappa Gounder and that Sri. Ramaswamy, the Managing Director of Nithya

Transport and Manikandan Bus Service, is the son-in-law of Sri. Nallappa

Gounder.

12. He further argued that It was relying on Ext.W1 series, W13, W15

and the evidence of MW1 that the award was passed. It is also contended that

all the managements were owned by the same persons and since common bus

services were being conducted and the workers were employed

interchangeably, they could not give specific details about their employer. The

action of the management in doing so was with ulterior motives and to

deprive the workers of their legitimate entitlements. It is not a case that the WP(C) NO. 2163 OF 2018 & WP(C) NO. 1125 OF 2020 12 2025:KER:25352

award was passed without any evidence at all. Reliance was also placed on the

judgment of this Court in Rajagopal B v. Jomy Xavier and Another [2010 (2)

KHC 196] to contend that only in cases of perversity and glaring illegality, is

interference warranted. It is also pointed out that since the operation of the

award was stayed by this Court, the workers were unable to execute the

award. Even the applications filed under Section 17 B of the Industrial

Disputes Act did not produce any result. It is, therefore contended that no

interference is warranted with Ext.P4 order and accordingly prayed for

dismissal of the writ petition.

13. Heard learned Counsel on either side and perused the records.

14. On the basis of the pleadings referred to above and appreciating the

evidence, both oral and documentary, Ext.P4 award was passed accepting the

contentions of the workmen for the following reasons:

a) On the issue of whether there is any bus service in the name NTP, the

Tribunal relied on the deposition of MW1, along with documentary evidence

(Ext.W1 series), which established that the bus services under different names

--Nithya Transport, Manikandan Bus Service, and Ram Reni Transport--were

all part of a family-run enterprise originating from Nallappa Gounder. MW1

admitted that multiple buses from these companies operated under the WP(C) NO. 2163 OF 2018 & WP(C) NO. 1125 OF 2020 13 2025:KER:25352

common name "NTP," which indicated that they were not independent

entities but rather interconnected businesses under the same family

management and from Exts. W13 and W15, it was found that the name of the

buses is NTP Bus Service. Also, Sri Ramaswamy Gounder filed a written

statement on behalf of management Nos.2, 3 & 5 and approached the Hon'ble

High Court by filing WP(C) No. 31790/2014 for Police protection to the buses

covered under Ext. W1 series, which is named as NTP. This reinforced the

workmen's contention that the bus services were a single establishment

rather than distinct legal entities.

b) Ext.W14, the letter dated 15.06.1994 issued from Manikandan Bus Service to

Sri. Murukesan S/o Sri. P.K. Krishnan, the 1st workman in the dispute, shows

that he is working as a driver in the management as on the date of Ext.W14.

The Tribunal reasoned that, except for Sri. Ravi, the other workmen failed to

provide documentary proof to establish their exact date of entry into service.

However, the management admitted that Sri. Rathinakumar, Sri. M.

Kandaswami, and Sri. Chandran worked in Manikandan Bus Service until

6.1.2005, and Sri. Aravindan worked in Ram Reni Transport until 12.10.2010.

Additionally, Ext.W14, dated 15.6.1994, served as uncontroverted

documentary evidence disproving the management's claim regarding WP(C) NO. 2163 OF 2018 & WP(C) NO. 1125 OF 2020 14 2025:KER:25352

Sri. Murukesan's service. Since the management did not specify the date of

entry for workmen Nos. 2, 3, 4, and 6 in the dispute, the court accepted

15.06.1994 as their date of continuous service. As for Sri. Ravi (workman No.

5), the Tribunal concluded that he had continuous service from 2005 onwards

based on the available records.

c) For the issue of whether there is any denial of employment to the workers

by the management, the Tribunal inferred that the workmen had not

voluntarily resigned, but were unjustifiably denied employment by the

management. It reasoned that while the management claimed the workers

had resigned, they failed to provide concrete evidence such as resignation

letters, settlements, or termination records. Instead, they relied on refund

applications for the Motor Transport Welfare Fund, EPF settlements, and

gratuity applications. However, the Tribunal held that these documents alone

could not prove termination. Since the workmen had established that they

worked for more than 240 days, the burden of proof shifted to the

management to show lawful termination. The management failed to produce

key documents like attendance registers, wage records, and service records.

Citing Director, Fisheries Terminal Division v. Bhikubhai Meghajibhai

Chavda [2010 AIR SC 1236], the Tribunal drew an adverse inference against WP(C) NO. 2163 OF 2018 & WP(C) NO. 1125 OF 2020 15 2025:KER:25352

the management for withholding evidence. Moreover, MW1's cross-

examination revealed that no show-cause notices or inquiries were conducted

before termination.

d) Based on these findings, the Tribunal concluded that workmen Nos. 1, 2, 3,

4, and 6 had continuous service since 15.06.1994, and workman No. 5 (Sri.

Ravi) since 2005. Their termination did not comply with the Industrial

Disputes Act, rendering it unjustifiable.

e) For the grant of reliefs, the Tribunal held that the workers were denied

employment without any valid justification, making them ordinarily entitled

to reinstatement with back wages. However, considering the current strained

relationship between the management and workers and the fact that some

buses had already been transferred to third parties, reinstatement was

deemed impractical. To balance the interests of both sides, the Tribunal

decided to grant monetary compensation in lieu of reinstatement and back

wages. It determined Rs. 1,75,000/- each for workmen Nos. 1, 2, 3, 4, and 6, and

Rs. 75,000/- for workman No. 5 (Sri. Ravi) as fair compensation. However, to

ensure fairness, the Tribunal provided an alternative, if the management

refuses to pay the compensation, the workmen will be entitled to

reinstatement with continuity of service and 35% of back wages, calculated WP(C) NO. 2163 OF 2018 & WP(C) NO. 1125 OF 2020 16 2025:KER:25352

based on their last drawn salary. Additionally, the Tribunal held that all five

management entities (Nos. 1 to 5) are jointly and severally liable to comply

with the award, ensuring the workers' rights are effectively upheld.

15. In Syed Yakoob v. K.S. Radhakrishnan and Ors. [1963 SCC Online SC

24], it was noted that a finding of fact based on no evidence constitutes an

error of law correctable by a writ of certiorari. However, the adequacy of

evidence and inference drawn from it falls within the tribunal's exclusive

jurisdiction and cannot be challenged in writ courts. In Ajay Singh v.

Khacheru and Ors. (MANU/SC/0008/2025), it was held that findings can be set

aside if unsupported by evidence or legally perverse. Mukand Ltd. v. Mukand

Staff and Officers' Association [(2004) 10 SCC 460] reinforced that findings

through evidence appreciation by inferior tribunals cannot be questioned in

writ proceedings. Dharangadhara Chemical Works Ltd. v. State of Saurashtra

[AIR 1957 SC 264 = MANU/SC/0071/1956] clarified that a tribunal's factual

decisions are challengeable under Article 226 only if completely unsupported

by evidence. In State of Andhra Pradesh v. S. Sree Rama Rao [AIR 1963 SC

1723] it is stated that if some evidence supports a conclusion, the High Court

should not second-guess that evidence in a writ petition. Rattan Enterprises

and Ors v. State of Odisha and Ors (MANU/OR/0625/2023) case emphasized WP(C) NO. 2163 OF 2018 & WP(C) NO. 1125 OF 2020 17 2025:KER:25352

that "no evidence" includes scenarios where the evidence as a whole fails to

support the tribunal's finding. Management of Madurantakam Coop. Sugar

Mills Ltd., Vs. S. Viswanathan [(2005) 3 SCC 193] reinforced that writ courts

should not delve into factual disputes unless findings are deemed perverse or

lacking legal evidentiary support. The High Court cannot act as an appellate

authority over the decisions of the Tribunal unless the findings are patently

perverse. Absent such conditions, judicial restraint remains the appropriate

course.

16. In the instant case, the management failed to produce essential

documents such as resignation letters or termination records, relying instead

on insufficient refund applications. Cross-examination of the management

witness revealed a lack of due process in the termination. It is to be noted

that the Tribunal had, after an overall appreciation of the evidence in the

case, found that the persons manning the management were all common and

were close relatives. It was also found, based on the photographs produced in

a case filed by the Sri. P. Ramaswamy that all the bus services were running in

the name of NTP which further strengthened the case of the workers that all

the buses were being run by the same management though under different

persons.

 WP(C) NO. 2163 OF 2018 &
WP(C) NO. 1125 OF 2020                   18            2025:KER:25352



17. The Industrial Disputes Tribunal based its decision on evidence, both

oral and documentary proof, including the admissions made by the

management witnesses. Under such circumstances, this cannot be treated as a

case of total lack of evidence or "no evidence." as contended by the

petitioners. Given the above, I do not find any reason to interfere with the

common award passed by the Tribunal. Accordingly, W.P.(C) No.2163 of 2018

fails, and the same is dismissed.

18. W.P.(C) No.1125 of 2020 is filed by the Managing Partner of Ram Reni

Transport contending that the joint application form for transfer of the

permit was sanctioned by Ext.P2 decision of the Regional Transport Authority,

Palakkad, dated 13.07.2016, based on the application of the petitioners and

therefore the second petitioner is entitled to get the transfer of permit

endorsed in his name. The prayer in the writ petition is to direct the second

respondent to endorse the transfer as aforesaid subject to the outcome of W.P.

(C) No.2163/2018, which stands dismissed by this judgment. No interim order

has been passed in this writ petition.

19. This Court as per Ext.P3 judgment disposed of W.P.(C) No.39615 of

2015 through its judgment dated 16.11.2016 held as follows:

"The Industrial Tribual shall dispose O.A.1 of 2025 on or before WP(C) NO. 2163 OF 2018 & WP(C) NO. 1125 OF 2020 19 2025:KER:25352

31.1.2017. In the meanwhile, the respondents 5 to 9 shall not

transfer vehicles bearing Nos.KL-8 1484, KL 8 X1683, KL 10 Q 2005

and KL 13 H 7272. It is made clear that direction as above will not

have an impact on buses already transferred by changing

ownerships particulars in R.C.book and it would continue to

operate only against such non-transfered vehicle which stands in

the name of the respondents 5 to 9 as on today. The transfer

already effected would be subject to the outcome of OA as already

observed by this court in Ext.P4 judgment. The first and second

respondent shall ensure that this order is complied. It is made

clear that if the vehicles have been already transferred prior to

this judgment, the transferee is permitted to use the vehicles

subject to the right any available to proceed against the vehicle

based on the outcome of the award in O.A 1 of 2015 as ordered by

this court in Ext.P4 judgment."

20. Since I have already upheld the award of the Industrial Tribunal and

since Ext.P4 judgment in W.P.(C) No.1125 of 2020 made it clear that the

transfer will be subject to the outcome of the award, it will be open to the WP(C) NO. 2163 OF 2018 & WP(C) NO. 1125 OF 2020 20 2025:KER:25352

petitioners to work out their remedies accordingly. Nothing remains to be

considered in this writ petition as the prayer is to endorse the transfer subject

to the orders in W.P.(C) No.2163/2018. W.P.(C) No.1125 of 2020 is closed as

above.

Sd/-

MOHAMMED NIAS C.P.

JUDGE

DMR/-

 WP(C) NO. 2163 OF 2018 &
WP(C) NO. 1125 OF 2020       21            2025:KER:25352



                APPENDIX OF WP(C) 1125/2020

PETITIONERS' EXHIBITS

                   A TRUE COPY OF THE JUDGMENT DATED
EXHIBIT P1         12.05.2015 IN WPC NO.14213 OF 2015.

                   A TRUE COPY OF THE DECISION OF THE 1ST
                   RESPONDENT DATED 13.07.2016 IN
EXHIBIT P2
                   ADDITIONAL SUPPLEMENTARY ITEM NO.170.

                   A TRUE COPY OF THE JUDGMENT DATED
EXHIBIT P3         16.11.2016 IN WPC NO.39615 OF 2015.

                   A TRUE COPY OF THE JUDGMENT DATED
EXHIBIT P4         10.03.2017 IN RP NO.242 OF 2017.

                   A TRUE COPY OF THE AWARD DATED
                   06.11.2017 IN OA ID NO.01/2015 OF
EXHIBIT P5
                   INDUSTRIAL TRIBUNAL, PALAKKAD.

                   A TRUE COPY OF THE ORDER DATED
                   04.10.2018 IN IA NO.3052/2018 IN WPC NO.
                   2163/2018.

EXHIBIT P6
                            // TRUE COPY    //


                            P.A. TO JUDGE
 WP(C) NO. 2163 OF 2018 &
WP(C) NO. 1125 OF 2020       22         2025:KER:25352



                APPENDIX OF WP(C) 2163/2018

PETITIONERS' EXHIBITS

                   TRUE COPY OF APPLICATION DATED
                   21.01.2015 FILED BY RESPONDENTS 1 TO 6
EXHIBIT P1         BEFORE THE INDUSTRIAL TRIBUNAL,
                   PALAKKAD.

                   TRUE COPY OF STATEMENT DATED 13.04.2016
EXHIBIT P2         FILED BY THE 7TH RESPONDENT.

                   TRUE COPY OF STATEMENT FILED ON BEHALF
                   OF THE 1ST PETITIONER AND RESPONDENTS 7
EXHIBIT P3
                   TO 9.

                   TRUE COPY OF AWARD DATED 06.11.2017 IN
                   O.A.(ID)NO.1/2015 PASSED BY THE
EXHIBIT P4
                   INDUSTRIAL TRIBUNAL, PALAKKAD.

EXHIBIT P5         TRUE COPY OF LETTER DATED 03.11.2018
                   ISSUED BY THE PROPRIETOR OF ANNAMALAI
                   FIBRES.


                            // TRUE COPY //



                            P.A. TO JUDGE
 

 
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