IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE A.K.BASHEER MONDAY, THE 23RD JUNE 2008 / 2ND ASHADHA 1930 WA.No. 1292 of 2008 ---------------------------- (AGAINST THE ORDER IN WPC.549/2008 Dated 29/05/2008) .................... APPELLANT: ------------------ PATTANAKKAD COIR MATS AND MATTING CO.OP.SOCIETY LTD., NO.405, PO.PATTANAKKAD REP. BY ITS PRESIDENT BY ADV. SRI.R.RAJASEKHARAN PILLAI SMT.SABINA JAYAN RESPONDENTS: ------------- 1. THE LABOUR COURT, KOLLAM 2. V.R.RETNAPPAN, VETTOMCHERRY NIKARTHIL HOUSE, P.O. PATTANAKKAD. . R2 - BY ADV.SRI.M.SASINDRAN. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 23/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: H.L. DATTU, C.J. & A.K. BASHEER, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.A. No. 1292 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 23rd day of June, 2008 Judgment H.L. Dattu, C. J: The orders passed on IA.No.4597/2008 in W.P No.549/2008 dated 29th of May 2008 is the subject matter of this writ appeal. 2. The employer being aggrieved by the award passed by the Labour Court has approached this court, inter alia, questioning the correctness or otherwise of the award passed by the labour court. It is relevant to state at this stage that the Labour Court while passing he impugned award, has directed the employer/appellant herein to reinstate the workman into service with 50% backwages. 3. In the writ petition filed the employer has got an interim order of stay of all further proceedings pursuant to the award passed by the Labour Court. 4. During the pendency of the writ petition, the workman has filed an application with a request to the learned Judge to direct the employer to pay him 17B wages. In the application filed it is brought to the notice of the learned single Judge, that the workman is not employed in any other office or establishment. 5. Keeping in view that the workman has to sustain himself during the pendency of the writ petition filed by the employer, the learned single Judge has thought it fit to direct the employer to pay 17B wages to the workman till the disposal of the writ petition. Further, there is a direction to the employer to pay the arrears of wages as expeditiously as possible, at any rate within two weeks from WA.1292/2008. : 2 : the date of the order. 6. Learned counsel appearing for the appellant would submit that the workman is to retire on 30th June 2008 on attaining the age of superannuation and therefore the learned single Judge was not justified in directing the employer to pay 17B wages till the disposal of the writ petition. 7. In our view this aspect of the matter was never brought to the notice of the learned single Judge and therefore we do not intend to comment on the assertion made by the learned counsel for the appellant on this aspect of the mater. 8. The learned Judge, in our opinion, keeping in view that the workman has to sustain himself during the pendency of the writ petition has directed the employer to pay 17B wages. We do not see any error in the orders passed by the learned Judge which calls for our interference . However if the appellant workman would retire from service on attaining the age of superannuation on 30th of June 2008, the appellant is at liberty to make an appropriate application before the learned single Judge for appropriate reliefs. Ordered accordingly. H.L. DATTU Chief Justice A.K. BASHEER Judge an/dk.