IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 22ND FEBRUARY 2010 / 3RD PHALGUNA 1931 WA.No. 123 of 2010() -------------------- AGAINST THE ORDER IN I.A.5848/05 IN WPC.7374/2005 Dated 07/01/2010 .................... APPELLANT(S): RESPONDENT/PETITIONER IN THE WPC: ----------------------------------------------- THE MANAGING PARTNER, MERCANTILE AND MARINE SERVICES, POST BOX NO.504, BRISTOW ROAD, WELLINGDON ISLAND, KOCHI. BY ADV. SRI.N.SUKUMARAN SRI.S.SHYAM SRI.N.K.KARNIS RESPONDENT(S): PETITIONER AND 2ND RESPONDENT IN IA/RESPTS.IN WPC: ----------------------------------------------------------------- 1. JAYALAKSHMI AMMAL, SURYA, YERSSORAM NAGAR, EROOR SOUTH, TRIPUNITHURA. 2. THE INDUSTRIAL TRIBUNAL, ALAPPUZHA. BY ADV.SRI.K.A.ABRAHAM,(R1) THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 22/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.BALAKRISHNAN NAIR & P.N.RAVINDRAN, JJ. ---------------------------------------------- W.A. No.123 of 2010 ---------------------------------------------- Dated 22nd February, 2010. J U D G M E N T Balakrishnan Nair, J. The writ petitioner is the appellant. During the pendency of the Writ Petition, the first respondent filed an application, I.A.5858/05, under Section 17B of the Industrial Disputes Act, claiming last drawn wages. The appellant met the said claim, stating that the first respondent was gainfully employed in an establishment, viz. M/s.PRINT 'n' PRINTS, Palarivattom, Kochi. The first respondent filed a reply affidavit and along with that, she produced an affidavit of the Proprietor of M/s.PRINT 'n' PRINTS, stating that she was not employed in that establishment. The appellant, thereupon filed I.A.No.10829/05, producing Ext.P3 cash bill, allegedly written by the first respondent. The appellant prayed for referring the said bill to the handwriting expert, to ascertain whether it was written by the first respondent. The appellant also prayed for a chance to cross- examine the Proprietor of the establishment, M/s.PRINT 'n' PRINTS. He also wanted to adduce evidence on his side. The learned Single Judge took the view that there cannot be an WA NO.123/10 2 elaborate adjudication, as claimed by the appellant, into a petition under Section 17B of the Industrial Disputes Act. The learned Judge also took the view that no materials were produced by the appellant to show that prima facie, the first respondent was gainfully employed in M/s.PRINT 'n' PRINTS. In that view of the matter, I.A.No.10829/05, filed by the appellant was dismissed. The petition filed by the first respondent, under Section 17B of the Industrial Disputes Act was allowed. Challenging that order, this Writ Appeal is preferred. 2. We heard the learned counsel for the appellant. He pointed out that the appellant has filed a witness list and he wanted to adduce evidence on his side. He also wanted to cross- examine the Proprietor of M/s.PRINT 'n' PRINTS. 3. We think, the view taken by the learned Judge is a very reasonable view. On a petition under Section 17 B of the Industrial Disputes Act, this Court cannot embark on a roving enquiry, in order to find out some materials in favour of the employer. Once there is an award in favour of the worker concerned, she is liable to be reinstated or she is entitled to get the wages last drawn by her. That is the scheme of Section 17B WA NO.123/10 3 of the Industrial Disputes Act. The only point to be considered is whether the worker/first respondent was gainfully employed elsewhere. Though the appellant was able to raise some allegations to that effect, there were not sufficient materials to establish the same. It is a finding of fact entered by the leaned Single Judge. We think, it is not a perverse view. A plausible view has been taken on facts, by the learned Judge. Therefore, the appellate court is not justified in interfering with the same. Accordingly, the Writ Appeal is dismissed. K.BALAKRISHNAN NAIR, JUDGE. P.N.RAVINDRAN, JUDGE. tgs K.BALAKRISHNAN NAIR & P.N.RAVINDRAN, JJ. ---------------------------------------------- W.A. No.123 of 2010 ---------------------------------------------- J U D G M E N T Dated 22nd February, 2010.