IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH MONDAY, THE 23RD NOVEMBER 2009 / 2ND AGRAHAYANA 1931 RP.No. 884 of 2004(E) --------------------- {IN WPC.8865/2004 OF THIS COURT} .................... REVIEW PETITIONER(S): REVIEW PETITIONER/PETITIONER WPC ------------------------------------------------------------------------ THE ERNAKULAM DISTRICT LABOUR-CUM- DEVELOPMENT CO-OPERATIVE BANK LTD., REPRESENTED BY ITS SECRETARY, T.V.GEORGE. BY ADV. SRI.BABU KARUKAPADATH SRI.M.A.ABDUL HAKHIM RESPONDENT(S): RESPONDENTS IN THE WPC ---------------------------------------------------- 1. LABOUR COURT, ERNAKULAM, KOCHI-14. 2. PRASANNAKUMARI C.A. W/O. P.VENUGOPAL, PULIKKAL CHEMBUZHIYIL HOUSE, T.K.S.PURAM, KODUNGALLOOR P.O. ADDITIONAL RESPONDENTS 3 TO 5: 3. P.VENUGOPALAN, KARTHIKA, PULICKAL CHEMBUZHIYIL HOUSE, TKS PURAM ROAD, KODUNGALLOOR. RP.No. 884 of 2004 :: 2 :: 4. NAVEENA MENON, KARTHIKA, PULICKAL CHEMBUZHIYIL HOUSE, TKS PURAM ROAD, KODUNGALLOOR. 5. NILEENA MENON, KARTHIKA, PULICKAL CHEMBUZHIYIL HOUSE, TKS PURAM ROAD, KODUNGALLOOR. IMPLEADED AS ADDITIONAL RESPONDENTS 3 TO 5 AS PER ORDER ON I.A.NO.833/08 DATED 23.11.2009. R1 BY SRI.C.ANILKUMAR SRI.A.JAYASANKAR FOR ADDL.R3TO 5 SRI.MANU GOVIND FOR ADDL. R3 TO 5 THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ALONG WITH RP NO.885 OF 2004 ON 23/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: KURIAN JOSEPH, J. ----------------------------- R.P.No.884 of 2004 in W.P.(C) No.8865 of 2004 & R.P.No.885 of 2004 in W.P.(C) No.16179 of 2004 ----------------------------- Dated this the 23rd day of November, 2009 JUDGMENT These are review petitions at the instance of a Co-operative Society. In the former, the society is the petitioner in the writ petition and in the latter, the Society is the 2nd respondent. The issue pertains to the back wages claimed by one late Prasanna Kumari. The writ petition was allowed directing reinstatement with continuation in service. 2. It is pointed out in the review petition that the employee had not worked even for a single day after reinstatement. Though there is dispute on that aspect, it is fairly clear from the records produced herein that the employee had not worked in the society. We find that 1/3rd of the back wages has been disbursed to the employee. It is now settled law that back wages is not automatic on reinstatement. In that view of the matter, R.P.No.884 of 2004 & R.P.No.885 of 2004 :: 2 :: the legal heirs of the deceased employee would not be justified in claiming full back wages. It may not also be proper for this court to review the judgment to recover the amounts already paid, especially after the death of the employee. 3. The review petitioner-Society has paid 1/3 of the back wages payable to late Prasanna Kumari. The same shall be treated as the back wages due to her, in the facts and circumstances of the case. Review petitions are accordingly disposed of as above. Sd/- (KURIAN JOSEPH) JUDGE SK/- //true copy// P.S. to Judge.