IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 15TH JULY 2010 / 24TH ASHADHA 1932 WP(C).No. 7124 of 2010(M) --------------------------------------- ID.43/2006 of LABOUR COURT, KOLLAM .................... PETITIONER(S): ----------------------- THE GENERAL SECRETARY, KOLLAM JILLA COIR THOZHILALI CONGRESS (INTUC) CONGRESS BHAVAN, PATTATHANAM, KOLLAM. BY ADV. SRI.P.SIVARAJ RESPONDENT(S): ----------------------------- 1. THE DISTRICT LABOUR OFFICER, KOLLAM. 2. THE MANAGING DIRECTOR, COIRFED, P.B.NO.4616, ALAPPUZHA-688 012. 3. THE REGIONAL MANAGER, COIRFED, THEVALLY, KOLLAM. R1 BY GOVT. PLEADER SRI.K.C.SANTHOSHKUMAR R2 & R3 BY ADV. SRI.K.S.HARIHARAPUTHRAN, SC, COIRFED THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMACHANDRA MENON, J --------------------------- W.P(C) No.7124 of 2010-M ---------------------------- Dated this the 15th day of July, 2010. J U D G M E N T The petitioner has approached this Court by filing the Writ Petition because of the recalcitrant attitude displayed by the management in honouring Ext.P1 Award passed by the Labour Court, Kollam in I.D No.43 of 2006. As per the said Award, the termination of service of the workers concerned was declared as wrong and they were ordered to be provided with employment within three months. It is also made clear that, if the management failed to provide reinstatement necessary compensation as stipulated under Section 25F of the Industrial Dispute Act, was to be paid as specified thereunder. The learned counsel for the petitioner submits that, Ext.P1 Award has become final. 2. The learned standing counsel appearing for the second respondent submits that, out of total 28 workers, four persons have already turned up and the entire dues flowing from Ext.P1 have been satisfied to the said four workers. The remaining workers are placing unconscionable demands, totally contrary to the statutory prescriptions/agreed terms, which could not be accepted the management and hence the dispute. This being the position, the finality W.P(C) No.7124 of 2010-M 2 as to the figure/quantum to be paid in terms Ext.P1 Award is liable to be fixed by way of appropriate proceedings under Section 33(C)(2) of the ID Act. 4. After hearing both the sides, this Court finds that the liability to pay retrenchment compensation as ordered in Ext.P1 Award has become final. The only question is with regard to the quantum payable. True, the said question has to be got adjudicated by filing appropriate proceedings under Section 33(C)(2) of the Act. The liability to pay the said amount and identity of the workers are not under dispute. Accordingly, there will be a direction to the second respondent to satisfy the 'admitted liability' to the concerned workers, which shall be disbursed as expeditiously as possible, at any rate within three months from the date of receipt of a copy of the judgment. If the concerned parties are aggrieved of the quantum of compensation paid, they are at liberty to approach appropriate Forum raising proper claim for payment of the balance amount, in accordance with law. The Writ Petition is disposed of as above. Sd/- P.R.RAMACHANDRA MENON JUDGE //True Copy// ab P.A to Judge