IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.J.B.KOSHY & THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 27TH FEBRUARY 2009 / 8TH PHALGUNA 1930 WA.No. 251 of 2007() -------------------- AGAINST THE JUDGEMENTIN OP.12976/2001 Dated 03/10/2006 .................... APPELLANTS/PETITIONER: ------------------------------ THE SECRETARY, CANNANORE CO-OPERATIVE HOSPITAL SOCIETY LTD.NO.C.834, THALAP, KANNUR. BY MR.P.V.SURENDRANATH, ADVOCATE RESPONDENTS/RESPONDENTS: ------------------------------------ 1. THE SECRETARY, KERALA CO-OPERATIVE WORKERS FEDERATION, MOON LIGHT, THANA, KANNUR-12. 2. V. RENJINI, RAMALAYAM, MATTANNUR, THIKALLANKERI P.O., KANNUR-2. BY MR.V.G.ARUN,ADVOCATE FOR R2 MR.T.R.HARIKUMAR,ADVOCATE FOR R2 GOVERNMENT PLEADER SMT.K.MEERA THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 27/02/2009,ALONG WITH WA NO. 254 OF 2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY, Ag.C.J. & V.GIRI, J. -------------------------------------- W.A.NOS.251 & 254 OF 2007 ------------------------------------- Dated this the 27th day of February, 2009 J U D G M E N T Koshy, Ag.C.J . These two writ appeals are filed by the Management of Cannanore Co-operative Hospital Society challenging the common impugned judgment of the learned Single Judge dismissing the challenge against the common award passed in I.D.Nos.26/98 and 18/1998 passed by the Labour Court, Kannur. The Management terminated the service of two workmen on the ground that their original appointments was not correct. That termination was said to be illegal and Labour Court directed to reinstate them with full backwages. It is true that the resolution of the Management (Society) appointing these two employees along with some others were interfered by the Joint Registrar and Joint Registrar set aside the same. Government by Ext.R3(b) approved the appointments as correct and Ext.R3(b) was not challenged. These two workers and appellant Society were also parties and appeals filed by the workmen were WA.251/07 & 254/07 2 allowed and therefore, Society cannot contest the original appointments. In any event, the Labour Court considered the matter on merit and there is no jurisdictional error in the award of the Labour Court and no valid grounds are raised to set aside the award of the Labour Court and it cannot be raised in view of Ext.R3(b) especially as Society cannot no longer question the correctness of the original appointments in the light of Ext.R3(b). It is submitted that one person, that is, workman involved in W.A.No.254/2007 was already superannuated and if part of the back wages was paid only balance till the retirement and the retirement benefits need be paid to him. With regard to other workmen also, the award is to be complied with. Both appeals are dismissed with costs of Rs.3,000/- to be paid to the respondents through their counsel. J.B.KOSHY ACTING CHIEF JUSTICE V.GIRI JUDGE prp