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 MONDAY, THE 15TH JUNE 2009 / 25TH JYAISHTA 1931 WA.No. 224 of 2008() -------------------- AGAINST THE JUDGEMENT IN WPC.32964/2007 Dated 15/11/2007 .................... APPELLANT(S): PETITIONERS ------------------------- THE BASE VICTUALLING OFFICER, SOUTHERN NAVAL COMMAND, NAVAL BASE, KOCHI-682 004. BY ADV. SRI.C.S.AJITH PRAKASH, CGC RESPONDENT(S): --------------- 1. SHRI. N.A.PAUL, S/O. AUGUSTINE, NANATTU VEEDU, AROOR. 2. CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR COURT, KARSHAKA ROAD, PANAMPILLY NAGAR, ERNAKULAM. ADV. SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR FOR R2 SRI.P.RAMAKRISHNAN FOR R1 SRI.C.ANIL KUMAR FOR R1 THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 15/06/2009, ALONG WITH WPC 4320/08 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R.BANNURMATH, C.J. & KURIAN JOSEPH, J. ---------------------------------------------- W.A. No.224/08 & W.P.(C) Nos.4320, 4745, 4846, 4918, 5413, 5572 & 5585 of 2008 ---------------------------------------------- Dated 15th June, 2009. J U D G M E N T S.R.Bannurmath, C.J. The unsuccessful writ petitioner, aggrieved by the judgment of the learned Single Judge who refused to interfere with the award passed by the Labour Court, Ernakulam, has approached this court in the present Writ Appeal. The writ petitions are filed against the award passed by the Labour Court. 2. The appellant/petitioner in the writ petitions is the management and respondent in the Industrial Dispute raised by the workmen/respondents herein. The Labour Court by the impugned award, on the basis of the materials available, held that the management had engaged the workmen as casual labourers. Incidentally also held against the management on the basis of non-production of material evidence by the management. Ultimately, the Labour Court by the impugned award held that the denial of employment to the workmen by the management is illegal and unjustified, and in violation of Section 25F of the Industrial Disputes Act, 1947, and accordingly directed the W.A. No.224/08 & connected cases 2 management to reinstate them as casual labourers. However, it denied the backwages. Aggrieved by the said decision, when the management approached this court, the learned Single Judge considering the well-settled law that normally this court will not interfere with the award arising under the Industrial Disputes Act, unless perversity or apparent illegality is shown in considering the materials or passing of the award, dismissed the writ petition. 3. On a perusal of the entire materials including the impugned award, we too agree with the learned Single Judge that the entire findings of the Labour Court were based on the materials available before it and as these are finding of facts, we do not also find any illegality or perversity in the award, without which the same cannot be interfered with. Hence the judgment of the learned Single Judge is affirmed and the Writ Appeal and the Writ Petitions are dismissed. 4. Despite the dismissal it is to be mentioned herein that since the said award is only for reinstatement as casual labourers, whenever there is availability of casual work, the W.A. No.224/08 & connected cases 3 workmen covered by the dispute have to be engaged for the same. S.R.BANNURMATH, Chief Justice. KURIAN JOSEPH, Judge. tgs S.R.BANNURMATH, C. J. & KURIAN JOSEPH, J. ---------------------------------------------- W.A. No.224/08 & W.P.(C) Nos.4320, 4745, 4846, 4918, 5413, 5572 & 5585 of 2008 ---------------------------------------------- J U D G M E N T Dated 15th June, 2009.