IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE A.K.BASHEER FRIDAY, THE 20TH JUNE 2008 / 30TH JYAISHTA 1930 WA.No. 1264 of 2008 ----------------------------------- (AGAINST THE ORDER IN I.A.No.14664 of 2007 IN WPC.5031/2007 Dated 19/02/2008) .................... APPELLANT: IST RESPONDENT/PETITIONER: ---------------------------------------------------------------- M/S. EXCEL GLASSES LTD. PATHIRAPPALLY.P.O, ALAPPUZHA DISTRICT. BY ADV. SRI.K.ANAND (A.201) RESPONDENTS: PETITIONER & 2ND RESPONDENT: ------------------------------------------------------------------------- 1. C.P BOSELAL, CHIRATHARA, KARIKKAD.P.O, THANNIMUKKAM, ALAPPUZHA. 2. LABOUR COURT, KOLLAM. R1 BY ADV.SRI.R.AZAD BABU. R2 BY SENIOR GOVERNMENT PELADER SMT.K.MEERA. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 20/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: H.L.DATTU, C.J. & A.K.BASHEER, J. ------------------------------------------------------------------ W.A.No.1264 of 2008 ------------------------------------------------------- Dated, this the 20th day of June, 2008 JUDGMENT H.L.Dattu, C.J. The appellant in this appeal is questioning the correctness or otherwise of the orders passed by the learned Single Judge in I.A.No.14664/2007 in W.P.(C) No.5031 of 2007 dated 19th February, 2008. 2. By the impugned order the learned Single Judge has directed the appellant to pay 17B wages to the respondent workman at the rate of Rs.3,500/- per month from Ist November, 2007 till the disposal of the writ petition. The Court has also directed for payment of arrears within two weeks from the date of the order and continue to pay the wages under Section 17B on the first working day of every month till the disposal of the writ petition. 3. When the matter had been posted before this Court for admission, we had made certain suggestions to the learned counsel appearing for the parties to the lis. The suggestions so made by us is accepted by the learned counsel and a memo is filed before us today. The memo filed by the learned counsel for the parties to the lis reads as under: WA.No.1264/2008 -2- “It is respectfully submitted that the appellant management, without prejudice to its contentions in the writ petition, is willing to engage the Ist respondent workman in the management company subject to the result of the writ petition No.5031 of 2007 and the Ist respondent workman is agreeable to the same.” 4. The learned counsel appearing for the respondent workman has also signed the memo. That only shows that he has no objection in taking the memo on record and also to the contents of the memo. 5. In view of the memo of undertaking filed by both the parties before this Court, we need not have to express any opinion on the merits or demerits of the appellant's case before us. Accordingly, placing on record the memo filed by the learned counsel for the parties to the lis, this writ appeal is disposed of. Whatever arrangement made by us is only an interim arrangement subject to the result of the writ petition. Ordered accordingly. (H.L.DATTU) CHIEF JUSTICE (A.K.BASHEER) JUDGE MS