Kerala High Court
Edakkantavida Abdulla vs The Labour Court, Kozhikode on 8 August, 2024
Author: Amit Rawal
Bench: Amit Rawal
WA No.1042/2024 1/5
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR. JUSTICE EASWARAN S.
Thursday, the 8th day of August 2024 / 17th Sravana, 1946
WA NO. 1042 OF 2024
AGAINST JUDGMENT DATED 07.02.2024 IN WP(C) 38089/2022 OF THIS COURT
APPELLANT(S)/PETITIONERS:
1. EDAKKANTAVIDA ABDULLA, AGED 61 YEARS, KUTTIYIL (H), PURAMERI PO,
VADAKARA, KOZHIKODE - 673 503., PIN - 673503
2. ARAYAVULLATHIL ZEENATH, AGED 42 YEARS, RAMATH HOUSE, PONMERI PO,
VADAKARA, KOZHIKODE - 673 542., PIN - 673542
3. KARINGAYIL SHIBU, AGED 45 YEARS, KARINGAYIL HOUSE, THODANNUR PO,
VADAKARA, KOZHIKODE - 673 541., PIN - 673541
4. KARINGAYIL ANANDHAN, AGED 68 YEARS KARINGAYIL HOUSE, THODANNUR PO,
VADAKARA, KOZHIKODE - 673 541., PIN - 673541
5. POOTHUTHARAMMAL KUJAMDULLA, AGED 73 YEARS, POOTHUTHARAMMAL HOUSE,
PONMERI PO, VADAKARA, KOZHIKODE - 673 542,, PIN - 673542
6. POOTHUTHARAMMAL MUHAMMAD, AGED 65 YEARS, POOTHUTHARAMMAL HOUSE,
PONMERI PO, VADAKARA, KOZHIKODE - 673 542., PIN - 673543
7. THAIKKANDIPOYIL RAMLA, AGED 44 YEARS, POOTHUTHARAMMAL HOUSE,
PONMERI PO, VADAKARA, KOZHIKODE - 673 542., PIN - 673542
8. POOTHUTHARAMMAL ABDUL LATHEEF, AGED 49 YEARS, RAMATH HOUSE, PONMERI
PO, VADAKARA, KOZHIKODE - 673 542., PIN - 673542
9. OORALIKKANAVATH AMMAD HAJI, AGED 76 YEARS, EDAKKARATT HOUSE,
PONMERI PO, VADAKARA, KOZHIKODE 673 542., PIN - 673542
10. OORALIKKANAVATH SOOPPI HAJI, AGED 75 YEARS, OORALIKKANAVATH HOUSE,
PONMERI PO, VADAKARA, KOZHIKODE - 673 542 ,, PIN - 673542
11. M.R. MUHAMMADALI, AGED 54 YEARS, M.R.M. HAMAL, PONMERI PO,
VADAKARA, KOZHIKODE - 673 542., PIN - 673542
BY ADVS.M/S. B.ASHOK SHENOY, P.S.GIREESH, SALIH P.A., THEJALAKSHMI R.S &
UMASANKER U.U.
RESPONDENT(S)/RESPONDENTS:
1. THE LABOUR COURT, KOZHIKODE KOZHIKODE, CIVIL STATION, ERANHIPALAM,
KOZHIKODE - 673 020., PIN - 673020
2. ASHOKAN, PUTHIYAPARAMBATHU, PALAYATTUNADA PO, VADAKARA, KOZHIKODE -
673521., PIN - 673521
BY GOVERNMENT PLEADER FOR R1
Prayer for interim relief in the Writ Appeal stating that in the
circumstances stated in the appeal memorandum, the High Court be pleased
to
(a) Stay the operation of the judgment dated 7.2.2024 in W.P.(C)
WA No.1042/2024 2/5
No.38089 of 2022 of this Hon'ble Court and Exhibit P1 Award passed by the
1st respondent, as also all proceedings thereunder, pending disposal of
this Writ Appeal.
This Writ Appeal coming on for orders on 08/08/2024 upon perusing
the appeal memorandum, the court on the same day passed the following:
WA No.1042/2024 3/5
AMIT RAWAL & EASWARAN S, JJ.
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W.A No.1042 of 2024
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Dated this the 8th day of August, 2024
ORDER
Amit Rawal, J.
Inter alia alleges that the workman had been a member of the Headload workers Union and had not been reporting duty accordingly, his services were retrenched. The matter was taken up before the Industrial Tribunal in a reference. Learned Tribunal vide award ordered for reinstatement with 50% of backwages keeping in view the COVID conditions. The matter was assailed before this Court. During the pendency of the writ petition, as an interim measure, this Court had directed the workman to report for the duty. The workman reported but did not sign the documents; thereafter again did not report for duty. In this regard, a communication dated 2.2.2023 was issued to him but he did not join. This fact has not been noticed by the Single Bench resulting into the disposal of the writ petition in part by reducing the back wages from 50% to 30%. It is further contended that in such circumstances, the order of reinstatement cannot be permitted to sustain. WA No.1042/2024 4/5 W.A No.1042 OF 2024 2 Issue notice before admission through speed post. In the meantime, there shall be an interim stay of the award of the labour court.
Sd/-
AMIT RAWAL, JUDGE sd/-
sab EASWARAN. S, JUDGE
08-08-2024 /True Copy/ Assistant Registrar
WA No.1042/2024 5/5
Exhibit P1 TRUE COPY OF AWARD DATED 31.8.2022 PASSED BY THE LABOUR
COURT, KOZHIKODE IN ID NO.28/2022.
08-08-2024 /True Copy/ Assistant Registrar