IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 3RD MARCH 2008 / 13TH PHALGUNA 1929 OP.No. 1984 of 2000(J) ---------------------- PETITIONER: ------------ 1. V.RAMACHANDRAN, CLERK, STORE SECTION, CO-OPERATIVE SUGAR LTD. CHITTUR, MENON PARA P.O., PALAKKAD DIST. 2. V.JAYARAMASWAMY, CIVIL SECTION, CO-OPERATIVE SUGAR LTD. CHITTUR, MENON PARA P.O., PALAKKAD DIST. BY ADV. SRI.T.C.MOHANDAS SRI.T.M.SUNIL SMT.S.CHITHRA SRI.A.R.GANGADAS RESPONDENTS: ------------- 1. THE MANAGING DIRECTOR, CO-OPERATIVE SUGAR LTD. CHITTUR, MENON PARA P.O., PALAKKAD DIST. 2. THE GENERAL SECRETARY, PALAKKAD DIST. SUGAR WORKERS UNION, MENON PARA P.O., PALAKKAD DIST. 3. VELAPPAN, SEASONAL CLERK, CO-OPERATIVE SUGAR LTD. CHITTUR, MENON PARA P.O., PALAKKAD DIST. 4. INDUSTRIAL TRIBUNAL, PALAKKAD. BY SRI.T.M.CHANDRAN SRI.P.RAMANKUTTY SRI.T.A.SHABEERALI THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 03/03/2008, THE COURT ON 03/03/2008 DELIVERED THE FOLLOWING: O.P.NO.1984/2000. APPENDIX PETITIONER'S EXHIBITS: P1. COPY OF THE STANDING ORDER. P2. COPY OF THE SENIORITY LIST. P3. COPY OF THE SETTLEMENT DTD.9.1.73. P4. -DO- 31.12.79. P5. COPY OF THE STATEMENT 27.1.97. P6. COPY OF THE STATEMENT DTDD.26.11.96. P7. COPY OF THE REJOINDER DTD.13.5.97. P8. COPY OF THE STATEMENT DTD.16.2.98. P9. COPY OF THE DEPOSITION OF MW1. P10. COPY OF THE DEPOSITION OF MW1. P11. COPY OF THE AWARD DTD.19.4.99. Sdk+ ///True copy/// P.A. to Judge S.SIRI JAGAN, J. ================== O.P.No.1984 of 2000 ================== Dated this the 3rd day of March, 2008 J U D G M E N T Two of the workmen involved in I.D.No.51/96 before the Industrial Tribunal, Palakkad, are challenging Ext.P11 award passed in that Industrial Dispute. 2. The issue referred for adjudication was; “Whether the action of the management in having appointed Sri.Ramachandran as senior to Velappan is right or wrong.” 3. The Tribunal, after considering the evidence adduced before it, came to the conclusion that in view of the fact that all the persons joined on the same date, seniority should be determined on the basis of age and on that basis, Sri.Velappan is senior to Sri.Ramachandran. The Tribunal further directed that Ext.W1 seniority list shall be revised as shown in the award in so far as it relates to the six persons mentioned in that seniority list. The Tribunal also refixed the seniority of six persons as given in the award. 4. I have heard the counsel for the petitioners as also o.p.1984/2000 2 respondents 2 and 3. 5. It is settled law that an award in an industrial dispute can be interfered with by this court under Article 226 of the Constitution of India only if the findings of the Tribunal are demonstrably perverse especially in cases where the issue is decided on the basis of findings on questions of fact. On a reading of Ext.P11, I have no reason to conclude that there is any perversity in the findings in Ext.P11 award. Therefore, there is no merit in this original petition and accordingly, the same is dismissed. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge o.p.1984/2000 3 S.SIRI JAGAN, J. =============== O.P.No.1984 of 2000-J =============== J U D G M E N T 3rd March, 2008 o.p.1984/2000 4