IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.P.R.RAMAN & THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 8TH FEBRUARY 2010 / 19TH MAGHA 1931 WA.No. 2477 of 2008 -------------------------------- AGAINST THE JUDGEMENT IN WPC.35451/2008 Dated 23/10/2007 .................... APPELLANT/PETITIONER ------------------------------------ M.V.FAIZAL, AGED 34 YEARS,S/O.KAMMU, MELEVILAKKATTU PARAMBU, P.O.,KOODARANJI, KOZHIKODE DIST. BY ADV. SRI.A.F.SEBASTIAN RESPONDENTS/RESPONDENTS --------------------------------------------- 1. THE SECRETARY, CALICUT ISLAMIC RESIDENTIAL HIGH SCHOOL, FARHAN HILLS,MATHARA, P.O.GURUVAYOORAPPAN COLLEGE,KOZHIKODE. 2. THE PRINCIPAL, CALICUT ISLAMIC RESIDENTIAL HIGH SCHOOL, FARHAN HILLS, MATHARA, P.O.GURUVAYOORAPPAN COLLEGE, KOZHIKODE. 3. THE LABOUR COURT, KOZHIKODE. R1 & R2 BY ADV. SRI.K.M.FIROZ R3 BY SR.GOVERNMENT PLEADER SRI.BENJAMIN PAUL THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 08/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.Raman, Ag. C.J. & Thottathil B.Radhakrishnan, J. ------------------------------------------ W.A.No.2477 of 2008 ------------------------------------------ Dated this the 8th day of February, 2010 JUDGMENT P.R.Raman, Ag. C.J. This is an appeal challenging the common judgment of the learned Single Judge in W.P.(C) No.35451 of 2005 and W.P. (C) No.12615 of 2006. Both the writ petitions were filed challenging the same award, one by the concerned employer and the other by the employee. The issue that was referred to for adjudication is as to whether the denial of employment to Sri.M.V.Faizal, Driver with effect from 12.6.2001 is justifiable and if not what relief he is entitled to. After adjudication, an award was passed finding that the denial of employment is not justifiable and ordered compensation of an amount of Rs.30,000/-. But no reinstatement was ordered. 2. The learned Single Judge considered both the writ petitions together and by the impugned judgment modified the relief and enhanced the compensation to Rs.50,000/-. The said amount was paid to the appellant herein and it was accepted. It W.A.No.2477 of 2008 - 2 - is thereafter that the present writ appeal was filed. Though there was huge delay in filing the writ appeal, the same was condoned by a separate order passed by this Court. 3. We have heard both sides. In the facts and circumstances of the case, the relief as granted by the learned Single Judge by enhancing the compensation appears to be a proper relief that the appellant is entitled to. In that view of the matter, we do not find any illegality in the impugned judgment passed by the learned Single Judge. Writ appeal is dismissed. P.R.Raman, Ag. Chief Justice Thottathil B.Radhakrishnan, Judge vns