IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.J.B.KOSHY & THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 26TH FEBRUARY 2009 / 7TH PHALGUNA 1930 WA.No. 117 of 2008() -------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.24467/2007 Dated 13/08/2007 .................... APPELLANT(S): PETITIONER IN WP: ------------------------------------------------------- A.NISAMUDEEN, PROPRIETOR, QUILON CASHEWS, KILIKOLLOOR P.O., QUILON-691 004. BY MR. K.P.DANDAPANI, SENIOR ADVOCATE, BY ADV.MR.T.M.CHANDRAN, MR.MILLU DANDAPANI. RESPONDENT(S): RESPONDENTS IN WPC: ---------------------------------------------------------------- 1. V.VASANTHASENAN, KAKKIDIVILA VEEDU (VIDHYA BHAVAN), NEDUNGOLAM P.O., S.PARAVUR, QUILON DISTRICT. 2. THE LABOUR COURT, QUILON. R1 BY MR. N.DHARMADAN, SENIOR ADVOCATE, SMT.D.P.RENU. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 26/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss J.B. Koshy,Ag.C.J. & V.Giri, J. ---------------------------------------- W.A. No. 117 of 2008 ---------------------------------------- Dated this the 26th day of February, 2009 Judgment Koshy, Ag.C.J. Contesting respondent takes notice. 2. Appellant/Petitioner challenged the ex parte award of the Labour Court in this writ petition. By impugned order dated 13.8.2007, the learned single Judge admitted the writ petition only on two issues and as a condition for granting stay directed the petitioner to deposit Rs.Two lakhs, but, out of the amount only Rs.1,50,000/- was allowed to be released. But, even though in Ext.P6 claim petition filed under section 33 ( c) (2) of the Industrial Disputes Act for computing the benefits under the impugned award a claim for Rs.3,27,557/- was made, the Labour Court has computed only Rs.1,03,158/- as can be seen from Ext.P3 order in W.P.(C) No.29491 of 2008. It is stated in the order that the arrears of pay due for the period till the date of superannuation is only Rs.73,153/- and balance was leave salary, bonus etc. Gratuity was not calculated. Anyway, what is the amount due to the petitioner if the award is not set aside has to be decided while deciding the correctness of W.P.(C) No. 29491 of 2008. In these circumstances, we dispose of the writ appeal by directing the W.A.No.117/2008 2 petitioner to deposit Rs.60,000/- within three weeks from today as a condition for granting stay. On deposit of the amount, the worker is allowed to withdraw the same. If the amount is not deposited within the time fixed, interim stay shall stand vacated and the workman can realise the entire amount as per the order in the claim petition by taking recourse to revenue recovery proceedings. If the amount is deposited as directed, the writ petition will be considered on all grounds mentioned in the petition (no restriction on issues as mentioned in the impugned order) according to law after hearing the respondent also. The writ petition should be posted before the learned single Judge for hearing along with connected W. P.(C) No.24467 of 2007 as the appeal is allowed in part. The writ appeal is disposed of. J.B.Koshy Acting Chief Justice V. Giri Judge vaa