IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 11TH MARCH 2008 / 21ST PHALGUNA 1929 OP.No. 22733 of 2002(F) ----------------------- PETITIONER: ---------------- 1. KANAKKARY KSHEERA VYAVASAYA SAHAKARANA SANGHAM LTD., NO.K-41(D), KANAKKARY, KOTTAYAM DISTRICT, REPRESENTED BY ITS ADMINISTRATOR JOSEPH N.J., S/O.JOSEPH, RESIDING AT NELLIKKATHADATHIL, ETTUMANOOR P.O., KOTTAYAM 2. ADMINISTRATOR, KANAKKARY KSHEERA VYAVASAYA SAHAKARANA SANGHAM LTD NO.K-41(D), KANAKKARY, KOTTAYAM DISTRICT BY ADV. SRI.MATHEW ABRAHAM RESPONDENTS: ----------------- 1. A.D.SYAMALAKUMARI, NARAYANAVILASOM, KANAKKARY, KOTTAYAM DISTRICT 2. THE LABOUR COURT, ERNAKULAM. BY ADV. SRI.MATHEW JOHN (K) SRI.BABY THOMAS GOVERNMENT PLEADER SRI. T.T MAHMOOD THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 11/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP.No. 22733 of 2002 ORDER ON C.M.P.NO.38933/2002 IN O.P.NO.22733 OF 2002 DISMISSED. 11.3.2008 SD/- S. SIRI JAGAN, JUDGE. APPENDIX EXT.P1: COPY OF ORDER IN C.P.NO.46/01 PASSED BY LABOUR COURT, ERNAKULAM, DATED 11.4.2002. EXT.P2: COPY OF ORDER IN A.R.C. 21/2000 DATED 17.1.2001 PASSED BY ARBITRATOR. EXT.P3: COPY OF SHOW CAUSE NOTICE ISSUED BY DISTRICT LABOUR OFFICER, KOTTAYAM, DATED 16.7.2002. TRUE COPY PA TO JUDGE. S. SIRI JAGAN, J. ------------------------------------ O.P.No.22733 OF 2002 ---------------------------------------- Dated this the 11th day of March, 2008 JUDGMENT The opposite parties in Claim Petition No.46 of 2001 before the Labour Court, Ernakulam is the petitioners herein. They are challenging Ext.P1 order passed by the Labour Court in that Claim petition by which the Labour Court directed the petitioners herein to pay an amount of Rs.71,642.95/- with 6% interest from the date of petition till realisation, which is the admitted 50% of backwages directed to be paid to the 1st respondent herein in accordance with the award in I.D. No.48 of 1997. The award in I.D. No.48 of 1997 has become final. In that award, the petitioners herein were directed to reinstate the 1st respondent herein in service with 50% backwages. 2. The Claim Petition was filed by the 1st respondent herein claiming Rs.1,29,020/- as the backwages for the period from 1.1.84 to 30.4.2001. In the objection filed by the petitioners herein before the Labour Court, they sought adjustment of certain amounts allegedly due from the 1st O.P.No.22733/02 2 respondent to the Society and admitted a balance amount of Rs.71,642.95/- as 50% backwages. The 1st respondent herein submitted before the Labour Court that she is satisfied with the amount admitted in the objection as the 1st respondent was in dire necessity for the amounts on account of her illness. It is under the above circumstances that the Labour Court directed payment of the amount of Rs.71,642.95/- with 6% interest from 27.8.2001. That order is under challenge. I am at a loss to understand how the petitioners can challenge the order, wherein the amount admitted by the petitioners themselves were directed to be paid. Therefore, I do not find any merit in this original petition and accordingly the same is dismissed. S. SIRI JAGAN, JUDGE Acd O.P.No.22733/02 3