IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN FRIDAY, THE 14TH OCTOBER 2011 / 22ND ASWINA 1933 WA.No. 1055 of 2011() --------------------- AGAINST THE JUDGEMENT IN OP(LC).482/2010 Dated 14/01/2011 .................... APPELLANT/PETITIONER ------------------------ ISAKKI MUTHU.S., S/O.SHANMUGHAN, AGED 36 YEARS, CHUNDALE ESTATE, CHUNDALE POST, CHUNDALE VILLAGE, VYTHIRI TALUK. BY ADV. SMT.CELINE JOSEPH RESPONDENTS/RESPONDENTS -------------------------- 1. THE MANAGER, CHUNDALE ESTATE, CHUNDALE P.O.PIN.673 121. 2. THE GENERAL SECRETARY, PLANTATION EMPLOYEES UNION, PUNALUR P.O.-691 305. 3. LABOUR COURT, KANNUR-670 001. ADV. SRI.E.K.NANDAKUMAR FOR R1 SRI.K.JOHN MATHAI FOR R1 SRI.P.BENNY THOMAS FOR R1 SRI.P.GOPINATH FOR R1 THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 14/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX ANNEXURE-1: TRUE COPY OF APPLICATION SUBMITTED BY THE APPELLANT. ANNEXURE-II: TRUE COPY OF COMMUNICATION DT.23.12.1994 TO THE PETITIONER ISSUED BY THE HARRISONS MALAYALAM LTD. ANNEXURE-III: TRUE COPY OF LETTER DT.8.9.1997 SUBMITTED TO THE MANAGEMENT. TRUE COPY P.S. TO JUDGE C.N.RAMACHANDRAN NAIR, Ag. C.J. & P.S.GOPINATHAN, J. .................................................................... Writ Appeal No.1055 of 2011 .................................................................... Dated this the 14th day of October, 2011. JUDGMENT Ramachandran Nair, Ag. C.J. Writ Appeal is filed against judgment of the learned Single Judge declining to interfere with the award passed by the Labour Court against the appellant. Appellant was given a posting as Electrical Supervisor which requires a Wireman's Licence. Appellant could not produce the same during the probation period. Even though probation was extended to enable the appellant to obtain and produce the Wireman Licence, appellant could not do so. Consequently the appellant was released from service by the respondent. We do not think it is within the powers of Labour Court or this court to order the respondents to give appointment to the appellant in any other category 2 other than to which he was selected wherein he was found unsuitable. Consequently Writ Appeal fails and is dismissed. C.N.RAMACHANDRAN NAIR Acting Chief Justice P.S.GOPINATHAN Judge pms