IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 29TH MARCH 2011 / 8TH CHAITHRA 1933 WP(C).No. 28915 of 2007(P) -------------------------- ID.36/2003 of INDUSTRIAL TRIBUNAL, IDUKKI .................... PETITIONER(S): --------------- K.M.SASIDHARAN, KARAMAMKUNNEL, ELAMKULAM, KOORALI P.O., KOTTAYAM-686506. BY ADV. SRI.P.C.HARIDAS RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY ITS SCRETARY TO DEPARTMENT OF LABOUR AND REHABILITATION. 2. THE GENERAL SECRETARY, KOTTAYAM DISTRICT MADHYA SHOP STAFF UNION(AITUC), AITUC OFFICE, KOTTAYAM. 3. MARY SEBASTIAN, S/O LATE DEVASIA SCARIA, THEKKEKUNNEL HOUSE, KOODALLOOR KARA, KIDANGOOR, KOTTAYAM. 4. REENA SEBASTIAN,D/O LATE DEVASIA SCARIA, THEKKEKUNNEL HOUSE, KOODALLOOR KARA, KIDANGOOR, KOTTAYAM. 5. REJI SEBASTIAN, S/O LATE DEVASIA SCARIA, THEKKEKUNNEL HOUSE, KOODALLOOR KARA, KIDANGOOR, KOTTAYAM. 6. MINI SEBASTIAN, D/O LATE DEVASIA SCARIA, THEKKEKUNNEL HOUSE, KOODALLOOR KARA, KIDANGOOR, KOTTAYAM. ADV. SRI.A.JAYASANKAR FOR R2-6 SRI.MANU GOVIND FOR R2-6 SRI. V. MANU - GOVT. PLEADER. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 28915 of 2007 APPENDIX PETITIONER'S EXHIBITS EXT.P1: COPY OF ORDER DTD 13-06-2003 OF R1. EXT.P2: COPY OF AMENDED CLAIM STATEMENT FILED BY R2 IN ID 36/03. EXT.P3: COPY OF THE WRITTEN STATEMENT FILED BY THE PETITIONER IN ID 36/03 EXT.P4: COPY OF SETTLEMENT IN FORM HH EXT.P5: COPY OF LETTER DTD 26-06-02 OF R2. EXT.P6: COPY OF THE LETTER DTD 21-06-02 OF DEVASIA SCARIA. EXT.P7: COPY OF LETTE DTD 26-06-02 OF R2. EXT.P8: COPY OF LETTER DTD 29-06-02 OF R2. EXT.P9: COPY OF CERTIFICATE DTD 12-09-02 ISSUED BY THE CI OF EXCISE, PONKUNNAM EXT.P10: COPY OF THE DEPOSITION OF THE PETITIONER IN ID 36/03. EXT.P11: COPY OF DEPOSITION OF MW2 IN ID 36/03 EXT.P12: COPY OF THE ASSESSMENT ORDER DTD 29-11-03 OF THE DISTRICT WELFARE FUND INSPECTOR, KOTTAYAM. EXT.P13: COPY OF CERTIFICATE DTD 08-12-03 OF CI OF EXCISE, PONKUNNAM. EXT.P14: COPY OF ID CARD OF DEVASIA SCARIA EXT.P15: COPY OF DEPOSITION OF DEVASIA SCARIA IN ID 36/03. EXT.P16: COPY OF AWARD DTD 11-01-07 OF THE INDUSTRIAL TRIBUNAL IDUKKI IN ID 36/03. EXT.P17: COPY OF LIST SHOWING NO. OF EMPLOYEES IN EACH TODDY SHOPS. TRUE COPY PA TO JUDGE. S. SIRI JAGAN, J. ----------------------------------- W.P.(C) No.28915 OF 2007 --------------------------------------- Dated this the 29th day of March, 2011 JUDGMENT The petitioner is the management in I.D.No.36/2003 before the Industrial Tribunal, Idukki. He is challenging Ext.P16 award passed by the Tribunal in that industrial dispute. The issues referred for adjudication in that industrial dispute were; “1. Whether the denial of employment of Shri. Devasia Scariah, workman by the licensee is justifiable? 2. If not, what relief the worker is entitled to?” The Tribunal, after adjudicating the issues referred, came to the conclusion that the workman involved was an employee of Toddy Shop No.37 and therefore, he was entitled to be reinstated in that toddy shop. But, the workman died on 29.7.2006 while the industrial dispute was pending. Therefore, the Tribunal confined the relief to the legal heirs of the workman to back wages and all other benefits till the date of the death of the workman. The petitioner is challenging the same primarily on the ground that the workman was actually employed in Toddy Shop No.38 as per an agreement between the management and the union. But, the W.P.(C)No.28915/10 2 case of the workman was that he was all along an employee in Toddy Shop No.18, which was renumbered as Toddy Shop No.37 and he never worked in Toddy Shop No.38. The Tribunal accepted that contention and found that the workman was actually employed in Toddy Shop No.18, which was later renumbered as Toddy Shop No.37. That is a question of fact. I cannot, in exercise of powers under Article 226 of the Constitution of India, interfere with the findings of fact in an industrial dispute unless the findings are so perverse that no reasonable man would come to that conclusion on the evidence before the Tribunal. In this case, I do not have any acceptable materials to come to the conclusion that the finding of fact arrived at by the Tribunal is in any way perverse. Therefore I am not inclined to interfere with the findings in Ext.P16 award. 2. But taking into account all the facts and circumstances of the case, I am of opinion that if the management pays an amount of Rs.1.75 lakhs in lieu of the award, that would meet the ends of justice. Accordingly, this writ petition is disposed of with a direction to the petitioner to pay to respondents 3 to 6 an amount of Rs.1.75 lakhs in full and final settlement of their W.P.(C)No.28915/10 3 claims in accordance with Ext.P16 award, which shall be paid within two months from today. If the amount is not paid within the said period of two months, the amount will carry interest from the date of the award namely, 11.1.2007 at the rate of 12% per annum. S. SIRI JAGAN, JUDGE acd W.P.(C)No.28915/10 4