IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE K.M.JOSEPH THURSDAY, THE 6TH MARCH 2008 / 16TH PHALGUNA 1929 WA.No. 101 of 2008 ---------------------------- AGAINST THE JUDGEMENT IN OP.1269/2003 Dated 23/05/2007 .................... APPELLANT/PETITIONER:- ------------------------------------ M.MUKUNDAN PILLAI, CHALUNKALCHIRAYIL, POOCHAKKAL P.O., CHERTHALA. BY ADV. SRI.PAULSON C.VARGHESE RESPONDENTS/RESPONDENTS:- ---------------------------------------------- 1. SMT. ROSAMMA ISSAC LESSEE, SANGEETHA AIR CONDITIONED MOVIE HOUSE, BANERJI ROAD, ERNAKULAM, KOCHI-18. 2. INDUSTRIAL TRIBUNAL, ALAPPUZHA. R1 BY ADV. SRI.P.RAMAKRISHNAN THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 06/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: H.L.DATTU, C.J. & K.M.JOSEPH, J. ------------------------------------------------------ W.A.No.101 of 2008 ------------------------------------------------------- Dated, this the 6th day of March, 2008 JUDGMENT H.L.Dattu, C.J. The workman, being aggrieved by the orders passed by the learned Single Judge in O.P.No.1269/2003 dated 23rd May, 2007 is before us in this appeal. (2). The management as well as the workman had called in question the correctness or otherwise of the award passed by the Industrial Tribunal in I.D.No.21 of 1999. (3). The Tribunal while passing the award had directed the management to reinstate the workman in to service without any back wages. (4). The workman had called in question the award passed by the Industrial Tribunal on the ground that having directed the management/employer to reinstate the workman into service, the Tribunal ought to have directed the management to pay the entire back wages. (5). The learned Single Judge while deciding the original petition filed by the management as well as by the workman has come to the positive conclusion that the Labour Court in exercise of its powers under Section 11A of the Industrial Disputes Act could not have directed the management to reinstate the workman into service on the ground that the offence alleged against the workman is of a serious nature. (6). Aggrieved by the orders passed by the learned Single Judge, the workman is before us in this appeal. (7). Sri.Paulson C.Varghese, learned counsel appearing for W.A.No.101/2008 -2- the appellant after arguing the matter for quite some time would request us at least to direct the management to pay a sum of Rs.25,000/- in full and final settlement of all the claims of the workman. The request made by Sri.Paulson C.Varghese, learned counsel appearing for the appellant is opposed by the respondent/management. (8). Keeping in view the status of the workman, we thought it fit to direct the management to pay a sum of Rs.20,000/- (Rupees twenty thousand only) in full and final settlement of the claims of the workman. The suggestion made by us is accepted by both the counsel appearing for the parties to the lis. In that view of the matter, without going into the other details, the appeal is disposed of as under: Order The first respondent in the writ appeal is directed to pay a sum of Rs.20,000/- (Rupees twenty thousand only) to the workman, within a period of three weeks from today in full and final settlement of all the claims of the workman. Ordered accordingly. (H.L.DATTU) CHIEF JUSTICE (K.M.JOSEPH) JUDGE MS