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 WEDNESDAY, THE 4TH FEBRUARY 2009 / 15TH MAGHA 1930 WA.No. 1470 of 2008 --------------------------- AGAINST THE INTERIM ORDER DATED 17/12/2007 IN IA NO. 16294/2007 IN WPC.27097/2007 OF THIS COURT. ................................... APPELLANT/PETITIONER IN WPC ------------------------------------------------- THE ASSISTANT EXECUTIVE ENGINEER, P.H. SUB DIVISION, KERALA WATER AUTHORITY, KOLLAM. BY ADV. SRI.J.KRISHNA KUMAR, SC, KWA RESPONDENT(S)/RESPONDENTS IN WPC ---------------------------------------------------------- 1. THE INDUSTRIAL TRIBUNAL, KOLLAM. 2. SRI Y.SHAMSUDEEN KINARUVILA VEEDU, VADAKEKKARA CHERY, TRIKKARUVA, KOLLAM. ADV. SRI.B.SURESH KUMAR FOR R2 THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 04/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY, Ag.C.J. & V.GIRI, J. -------------------------------------- W.A.No.1470 of 2008 ------------------------------------- Dated 4th February, 2009 JUDGMENT Koshy, Ag.C.J . The second respondent in this appeal raised industrial dispute regarding his termination of service which resulted in an ex parte award (Ext.P2) holding that he was denied employment erroneously and is eligible for reinstatement in service with full back wages, continuity of service and other benefits. Petition to set aside the ex parte award was also dismissed (Ext.P3) as it was filed beyond time as Tribunal has become functus officio in the matter. The award was not challenged in time. Thereafter, claim petition was filed under section 33C(2) of the Industrial Disputes Act. Then the writ petition was filed to quash Ext.P2 ex parte award. Learned Judge who admitted the writ petition and stayed the proceedings, allowed the application filed by the workman under section 17B of the Industrial Disputes Act. The workman filed an affidavit that he was not gainfully employed. Therefore, strictly in terms of section 17B of the Industrial Disputes Act, last drawn wages received by the petitioner was ordered from the date of filing the writ petition till the date of disposal of the same. The above impugned W.A.1470/2008 2 order is strictly in consonance with the statutory provisions of section 17B of the Industrial Disputes Act. Whether petitioner has violated section 25 of the Industrial Disputes Act, whether the award was meritorious etc. can be decided only in the writ petition. The petitioner shall approach the learned single Judge for an early disposal of the writ petition. The appeal is dismissed J.B.KOSHY ACTING CHIEF JUSTICE V.GIRI JUDGE tks