IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE V.K.MOHANAN FRIDAY, THE 9TH OCTOBER 2009 / 17TH ASWINA 1931 WA.No. 987 of 2007() -------------------- AGAINST THE JUDGEMENT/ORDER IN RP.778/2006 IN OP 24524 of 2001 .................... APPELLANT(S): PETITIONER IN OP. ------------------------------- FR.PRIOR, MANAGER, CHRIST THE KING MONASTRY, KARUKUTTY, ERNAKULAM DISTRICT. BY ADV. SRI.JOHNSON MANAYANI RESPONDENT(S): --------------- 1. SRI.P.K.RAVI, PANAKKAPARAMBIL, VALLUVALLY, KOONAMMAVU P.O., ERNAKULAM DISTRICT. 2. THE DISTRICT LABOUR OFFICER, CIVIL STATION, KAKKANAD, ERNAKULAM. 3. STATE OF KERALA, REP.BY THE CHIEF SECRETARY, GOVERNMENT OF KERALA, SECRETARIAT, TRIVANDRUM. ADV. SRI.MAJNU KOMATH FOR R1 SRI.SHAHIN.M.KOMATH FOR R1 R2 AND R3 BY G.P. SRI. P.K. BABU THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 09/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C .N. RAMACHANDRAN NAIR & V.K. MOHANAN, JJ. -------------------------------------------- W. A. No. 987 OF 2007 -------------------------------------------- Dated this the 9th day of October, 2009 JUDGMENT Ramachandran Nair, J. Appellant is challenging the award of the District Labour Officer directing it to pay compensation to the first respondent for the denial of employment under the Agricultural Workers Act. The learned single Judge upheld the award and hence this appeal. It is seen that proceedings started before the Agricultural Tribunal constituted under the Act which vide Ext.P4 award dated 25.7.1995 found against the appellant holding that there is denial of employment to the first respondent. However, since the Tribunal was not vested with the power to determine the actual amount payable, the District Collector referred the matter to the District Labour Officer for his decision. The DLO thereafter issued Ext.P1 order computing the liability. After hearing both sides and after going through the impugned order, we are unable to sustain the contention of appellant because when Ext.P4 was not contested by the appellant, appellant has no right to contest Ext.P1 2 by which actual liability payable by the appellant to the first respondent is fixed. Further on merits we find that for denial of employment compensation awarded to a coconut climber is Rs. 20.55 per day, which by no standard can be held as excessive or high. We therefore dismiss the Writ Appeal. Further this court granted stay against recovery. There will be direction to the appellant to pay the entire balance amount with 10% interest granted by the DLO upto the date of award and thereafter also appellant will be liable to pay the same rate of interest granted by the DLO upto the date of payment. (C.N.RAMACHANDRAN NAIR) Judge. (V.K. MOHANAN) Judge. kk 3