IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH THURSDAY, THE 23RD AUGUST 2007 / 1ST BHADRA 1929 WP(C).No. 9641 of 2004(W) ------------------------- CP.2/1993 of LABOUR COURT, ERNAKULAM .................... PETITIONER: ------------ 1. SR.DIVISIONAL PERSONNEL OFFICER, SOUTHERN RAILWAY, TRIVANDRUM. 2. UNION OF INDIA, REPRESENTED BY THE GENERAL MANAGER, SOUTHERN RAILWAY, MADRAS-3. BY ADV. SRI.C.N.RADHAKRISHNAN, SR.PANEL COUNSEL RESPONDENTS: ------------- 1. SMT.K.R.LATHA, D/O. K.K.RAGHAVAN, C/O. GENERAL SECRETARY, SOUTHERN RAILWAY LABOUR UNION, EDAPPALLY NORTH, KOCHI-24. 2. THE LABOUR COURT (CENTRAL), ERNAKULAM. BY GOVT.PLEADER SMT.K.R.DEEPA. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/08/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.C.NO.9641/2004 A P P E N D I X PETITIONER'S EXHIBITS : EXT.P1 : TRUE COPY OF CLAIM PETITION NO.2/93 FILED BY THE FIRST RESPONDENT. EXT.P2 : TRUE COPY OF OBJECTION STATEMENT FILED BY THE PETITIONERS HEREIN BEFORE THE LABOUR COURT. EXT.P3 : TRUE COPY OF THE ORDER PASSED BY THE LABOUR COURT ON 20.1.2003. TGS KURIAN JOSEPH J. ---------------------------------------------- W.P.(C) No.9641 of 2004 ---------------------------------------------- Dated 23rd August, 2007. J U D G M E N T Challenge is on Ext.P3 order passed by the Labour Court, Ernakulam(Central) in Claim Petition No.2/1993. The first respondent was directed to be paid an amount of Rs.26,162/- on the ground that the junior had been promoted overlooking the claim of the petitioner. Learned counsel for the Railways submits that a similar order passed by the Central Administrative Tribunal was set aside by the Supreme Court in Civil Appeal No.8904/90. Therefore, Ext.P3 is quashed. KURIAN JOSEPH, JUDGE. tgs