IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID FRIDAY, THE 9TH JANUARY 2009 / 19TH POUSHA 1930 WP(C).No. 2603 of 2005(I) ------------------------- PETITIONER: ----------------- THE MANAGING DIRECTOR, RUBY ROLLER FLOUR MILLS, CUTCHERY WARD, KOLLAM. BY ADV. SRI.E.K.NANDAKUMAR SRI.A.K.JAYASANKAR NAMBIAR SMT.PRIYA MAHESH SMT.PRIYA MANJOORAN SRI.K.JOHN MATHAI RESPONDENT(S): --------------- 1. THE GENERAL SECRETARY, VANIJYA VYAVASAYA MAZDOOR SAGH, B.M.S. MAIN ROAD, KOLLAM. 2. LABOUR COURT, KOLLAM. ADV. SRI.K.SUBASH CHANDRA BOSE FOR R1 BY GOVT.PEADER SRI SHYSON P. MANGUZHA FOR R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).No.2603/2005 APPENDIX PETITIONER'S EXTS: EXT.P1 TRUE COPY OF THE AWARD IN IDNO.93/91 OF THE 2ND REPONDENT DATED 20/2/99. EXT.P2 TRUE COPY OF THE REFERECE ORDER OF THE GOVT. OF KERALA DATED 21/6/91. EXT.P3 TRUE COPY OF THE REFERENCE ORER OF THE GOVT. OF KERALA DATED 17/7/991. EXT.P4 TRUE COPY OF THE CLAIM STATEMENT FILD BY THE IST RESPONDENT BEFORE THE 2ND RESPONDENT IN ID.NO.93/91 DATED 13/1/92. EAX.P5 TRUE COPY OF THE CLAIM STATEMET FILED BY THE IST RESPONDET BEFORE THE 2ND RESPONDENT IN 112/91 DATED 28/12/99. EXT.P6 TRUE COPY OF THE WRITTEN STATEMENT FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT IN ID.NO.93/91 DATED 11/5/92. EXT.P7 TRUE COPY OF THE WRITTEN STATEMENT FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT IN ID.NO.112/91 DAZTED 11/7/2000. EXT.P8 TRUE COPY OF THE CLIAM PETITION DTD. 7/10/03 FILED BY THE IST RESPONDENT BEFORE THE 2ND RESPONDENT THE CLAIM PETITIN IS NUMBERED AS C.P.NO.40/03. EXT.P9 TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DTD. NIL NOVEMBER, 03. EXT.P10 TRUE COPY OF THE OBJECTION FILED BY THE IST RESPONDENT BEFORE THE 2ND RESPONDENT DATED NIL JULY, 04. HARUN-UL-RASHID,J. --------------------------- W.P.(C).NO.2603 OF 2005 ---------------------------- DATED THIS THE 9TH DAY OF JANUARY,2009 JUDGMENT This writ petition is filed by the Managing Director of the Company, Ruby Roller Flour Mills, for quashing Ext.P1 award dated 20/2/1999 passed by the Labour Court, Kollam in I.D.No.93/91. By the impugned order the Labour Court directed the writ petitioner to reinstate 3 workmen involved in the dispute with backwages and continuity of service. The further prayer in the writ petition is to issue directions to the 2nd respondent to pass an award on merits in ID.No.93/91 based on the correct pleadings and evidence. 2. It is submitted by the learned counsel for the petitioner that two cases, namely ID.Nos.93/91 and 122/91, are referred for adjudication by the Labour Court, Kollam. In ID.No.93/91 the legality of the dismissal of three workmen from service is referred -2- W.P.(C).No.2603/2005 to in the decision. In the said ID the question is regarding denial of employment to one worker. The learned counsel for the petitioner submitted that it is by an inadvertent omission or mistake that the statement prepared for ID.No.93/91 was wrongly filed in ID.No.112/91 and vice versa. The Labour Court in paragraph 3 of the award referred to the said mistake. Instead of giving an opportunity to the parties to correct the mistake due to some confusion caused in two connected cases, the court proceeded with the matter and directed reinstatement of three workmen with backwages and continuity of service. It is submitted that the question whether the dismissal of three workmen from service is legal or valid was not considered on merits and therefore, according to the petitioner, the order cannot be sustained in law. I find considerable force in the argument of the learned counsel for the petitioner. In spite of the fact that the Labour Court is fully aware of the mistake crept in, no steps were taken to rectify the mistake and to proceed with the correct -3- W.P.(C).No.2603/2005 statement from the parties. Therefore, a remand is necessitated for considering the case on merits and to pass orders in accordance with law, after considering the correct statement by the parties. There will be a direction to the Labour Court, Kollam to consider ID.No.93/91 on merits and pass orders thereon in accordance with law. The parties shall appear before the Labour Court, Kollam on 22/1/2009. The Labour Court shall take a decision in the matter, as expeditiously as possible, at any rate within a period of four months thereafter. In the result, the writ petition is allowed. HARUN-UL-RASHID, Judge. kcv. -4- W.P.(C).No.2603/2005