IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE KURIAN JOSEPH WEDNESDAY, THE 15TH JULY 2009 / 24TH ASHADHA 1931 WA.No. 1929 of 2008() --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.4954/2004 Dated 24/06/2008 ID 18/2001 OF INDUSTRIAL TRIBUNAL, KOZHIKODE. .................... APPELLANT(S): PETITIONER IN WPC ------------------------------- I.P.MUHAMMED, C/O.C.K.SUBAIDA, CHERIAKOTTARATHIL HOUSE, CHALAD, KANNUR670014. BY ADV. SRI.ALEX VARGHESE RESPONDENT(S): RESPONDENTS -------------------------- 1. THE MANAGING PARTNER, SEEYAN PLYWOODS MILL ROAD, VALAPATTANAM, KANNUR-670010. 2. THE SECRETARY, CANNANORE DISTRICT TIMBER MATCHES & PLYWOOD, WORKERS UNION,AITUC, BALIAPATTAM, KANNUR. 3. THE INDUSTRIAL TRIBUNAL, KOZHIKODE. ADV. SRI.N.RAGHURAJ FOR R1 SMT.K.AMMINIKUTTY FOR R1 THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 15/07/2009, ALONG WITH WA NO. 125 OF 2009 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R.BANNURMATH, C.J. & KURIAN JOSEPH, J. ---------------------------------------------- W.A. Nos.1929/2008 & 125/2009 ---------------------------------------------- Dated 15th July, 2009. J U D G M E N T Kurian Joseph, J. The petitioner and respondents, workman and management, in W.P.(C)No.4954/2004 are aggrieved by the judgment of the learned Single Judge and hence the two appeals. The award passed by the Industrial Tribunal, Kozhikode in I.D.18/2001 was under challenge in the writ petition at the instance of the workman. The issue referred for adjudication is whether the dismissal of the workman by the management was justifiable and if not, to what relief the workman was entitled to. The Industrial Tribunal passed an award for reinstatement of the workman without backwages, but with continuity of service. The learned Single Judge, having regard to the entire facts and circumstances of the case, disposed of the writ petition holding that interests of justice would be met in case the workman is directed to be paid 25% of the backwages from 15.9.1999 to 3.2.2003, and to that extent the award was modified. 2. When the matter came up before us, we requested the parties to purchase peace, particularly in view of the fact that W.A. Nos.1929/2008 & 125/2009 2 the workman had already been reinstated in 2003. Having interacted with the respective parties, we find that the interests of justice and interests of both parties can be protected in case a liquidated amount is fixed by this court as backwages. Having regard to the entire facts and circumstances of the case, we fix Rs.35,000/- as the backwages during the period referred to above. This shall be paid by the management within one month from today. In all other respects, the award will stand. Needless to say that the management will make up the contribution, if any towards the Provident Fund in terms of the award in respect of the continuity in service. If the amount thus due has not already been remitted, the same shall be remitted within the said period of one month. The writ appeals are disposed of as above. S.R.BANNURMATH, Chief Justice. KURIAN JOSEPH, Judge. tgs S.R.BANNURMATH, C. J. & KURIAN JOSEPH, J. ---------------------------------------------- W.A. Nos.1929/2008 & 125/2009 ---------------------------------------------- J U D G M E N T Dated 15th July, 2009.