IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE A.K.BASHEER FRIDAY, THE 18TH SEPTEMBER 2009 / 27TH BHADRA 1931 WA.No. 2073 of 2009 --------------------- AGAINST THE JUDGEMENT IN WPC.31129/2004 Dated 20/07/2009 .................... APPELLANT/2ND RESPONDENT IN WPC: -------------------------------------------- EDDY CURRENT CONTROLS (INDIA) LTD., EDDYPURAM,POTTA P.O.,CHALAKUDY-680 722, REP.BY ITS GENERAL MANAGER. BY ADV. SRI.M.PATHROSE MATTHAI, SENIOR ADVOCATE SRI.SAJI VARGHESE SMT.MARIAM MATHAI RESPONDENT/PETITIONER & IST RESPONDENT --------------------------------------------------- 1. P.J.VINCENT, PUTHERTHARAYIL VEEDU,CHETTIPUZHA P.O., THRISSUR DISTRICT. 2. INDUSTRIAL TRIBUNAL,PALAKKAD. R1 BY ADV. SRI.P. RAMAKRISHNAN. R2 BY SR. GOVT. PLEADER, SRI.BENJAMIN PAUL. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 18/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R. Bannurmath, C.J. & A.K. Basheer, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.A.No. 2073 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 18th day of September, 2009 JUDGMENT Basheer, J. This appeal at the instance of the employer who is aggrieved by the order passed by the learned Single Judge in WP(C) No.31129 of 2004. By the impugned judgment, the learned Single Judge has set aside Ext.P1 award and directed the Tribunal to consider the matter afresh. 2. We have heard learned Senior Counsel for the appellant/employer and the learned counsel for respondent No.1 workman. 3. Having heard learned counsel for the parties and having perused the impugned award and the judgment, we are of the view that, this Writ Appeal need not be kept pending on the files of this Court. In our view, the direction issued by the learned Single Judge does not call for any interference in the facts and circumstances of the case. However, certain observations made by the learned Single Judge with regard to the merit or otherwise of the case were not warranted. At the same time, the view WA No.2073 of 2009 -:2:- expressed by the learned Single Judge that Tribunal ought to have adverted to the basic contentions of the parties and arrive at a finding only after independent consideration of those contentions appears to be eminently justified. 4. Therefore, while upholding the view taken by the learned Single Judge in remitting the matter to the Tribunal, we make it clear that the Tribunal shall not be swayed, influenced or trammelled by any of the observations made by the learned Single Judge while setting aside the award and directing the Tribunal to take a fresh decision in the matter. The Tribunal will be at liberty to take an independent decision untrammelled by any of the observations made by the learned Single Judge. The Writ Appeal is disposed of in the above terms. S.R. Bannurmath, Chief Justice. A.K. Basheer, Judge. ttb WA No.2073 of 2009 -:3:-