Kerala High Court
The Managing Director vs Baburaj.K.P on 19 June, 2020
Bench: A.M.Shaffique, P Gopinath
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
&
THE HONOURABLE MR. JUSTICE GOPINATH P.
FRIDAY, THE 19TH DAY OF JUNE 2020 / 29TH JYAISHTA, 1942
WA.No.597 OF 2020
AGAINST THE ORDER DATED 23.01.2020 IN I.A. NO.1/2019 IN WP(C)
6149/2019(P) OF HIGH COURT OF KERALA
APPELLANTS/PETITIONERS IN WPC NO.6149/2019:
1 THE MANAGING DIRECTOR
KERALA STATE CO-OPERATIVE FEDERATION FOR FISHERIES
DEVELOPMENT (MATSYAFED), KAMALESWARAM, MANACADU,
THIRUVANANTHAPURAM-695 009
2 THE MANAGER, MASTYAFED NET FACTORY, DR. SALIM ALI
ROAD, COCHIN-682 N018
BY ADV. SRI.T.P.PRADEEP
RESPONDENTS & RESPONDENTS IN WPC NO.6149/2019:
1 BABURAJ.K.P, KUTHOLIPARAMBIL, VANIYAKAD, MANNAM P.O.,
NORTH PARUR-683 520
2 THE PRESIDING OFFICER
LABOUR COURT, ERNAKULAM-682 018
SMT. A.K. PREETHA FOR R1
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 19.06.2020,
ALONG WITH WA.601/2020, WA.604/2020, WA.605/2020, WA.709/2020, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2
WA.Nos.597,601,604,605,709 of 2020
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
&
THE HONOURABLE MR. JUSTICE GOPINATH P.
FRIDAY, THE 19TH DAY OF JUNE 2020 / 29TH JYAISHTA, 1942
WA.No.601 OF 2020
AGAINST THE ORDER DATED 23.01.2020 IN IA.NO.1/2019 IN WP(C)
6084/2019(I) OF HIGH COURT OF KERALA
APPELLANTS/PETITIONERS IN WPC NO.6084/2019/RESPONDENTS IN IA:
1 THE MANAGING DIRECTOR
KERALA STATE CO-OPERATIVE FEDERATION FOR FISHERIES
DEVELOPMENT (MATSYAFED), KAMALESWARAM, MANACADU,
THIRUVANANTHAPURAM-695 009
2 THE MANAGER, MASTYAFED NET FACTORY, DR. SALIM ALI
ROAD, COCHIN-682 018
BY ADV. SRI.T.P.PRADEEP
RESPONDENT/1ST RESPONDENT IN WPC 6084/2019/PETITIONER IN IA:
JOSE.L.L., S.M. SADANAM, ARUVIKKARA P.O.,
THIRUVANANTHAPURAM 695564
SMT. A.K. PREETHA
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON
19.06.2020, ALONG WITH WA.597/2020, WA.604/2020, WA.605/2020,
WA.709/2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
3
WA.Nos.597,601,604,605,709 of 2020
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
&
THE HONOURABLE MR. JUSTICE GOPINATH P.
FRIDAY, THE 19TH DAY OF JUNE 2020 / 29TH JYAISHTA, 1942
WA.No.604 OF 2020
AGAINST THE ORDER DATED 23.01.2020 IN I.A. 1/2019 IN WP(C)
6022/2019(C) OF HIGH COURT OF KERALA
APPELLANTS/PETITIONERS IN WPC/RESPONDENTS IN IA:
1 THE MANAGING DIRECTOR
KERALA STATE CO-OPERATIVE FEDERATION FOR FISHERIES
DEVELOPMENT (MATSYAFED) KAMALESWARAM, MANACADU,
THIRUVANANTHAPURAM-695 009.
2 THE MANAGER, MATSYAFED NET FACTORY, DR. SALIM ALI
ROAD, COHIN-682 108.
BY ADV. SRI.T.P.PRADEEP
RESPONDENTS/RESPONDENTS IN WPC 6022/2019/PETITIONER IN IA:
1 JOSEPH PAYAS.T.G
THATTASSERY HOUSE, NETTOOR, COCHIN-682 040.
2 THE PRESIDING OFFICER,
LABOUR COURT, ERNAKULAM-682 018.
SMT. A.K. PREETHA FOR R1
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON
19.06.2020, ALONG WITH WA.597/2020, WA.601/2020, WA.605/2020,
WA.709/2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
4
WA.Nos.597,601,604,605,709 of 2020
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
&
THE HONOURABLE MR. JUSTICE GOPINATH P.
FRIDAY, THE 19TH DAY OF JUNE 2020 / 29TH JYAISHTA, 1942
WA.No.605 OF 2020
AGAINST THE ORDER DATED 23.01.2020 IN IA.NO.1/2019 IN WP(C)
6104/2019(K) OF HIGH COURT OF KERALA
APPELLANTS/PETITIONERS IN WPC 6104/2019:
1 THE MANAGING DIRECTOR
KERALA STATE CO-OPERATIVE FEDERATION FOR FISHERIES
DEVELOPMENT (MATSYAFED) KAMALESWARAM, MANACADU,
THIRUVANANTHAPURAM-695 009.
2 THE MANAGER,
MATSYAFED NET FACTORY, DR. SALIM ALI ROAD, COCHIN-
682 018.
BY ADV. SRI.T.P.PRADEEP
RESPONDENTS/RESPONDENTS IN WPC 6104/2019:
1 ASHRAF.P.M
POTTAPARAMBU, VENNALA P.O.KOCHI-682 025.
2 THE PRESIDING OFFICER,
LABOUR COURT, ERNAKULAM-682 018.
SMT. A.K. PREETHA FOR R1
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON
19.06.2020, ALONG WITH WA.597/2020, WA.601/2020, WA.604/2020,
WA.709/2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
5
WA.Nos.597,601,604,605,709 of 2020
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
&
THE HONOURABLE MR. JUSTICE GOPINATH P.
FRIDAY, THE 19TH DAY OF JUNE 2020 / 29TH JYAISHTA, 1942
WA.No.709 OF 2020
AGAINST THE ORDER DATED 23.01.2020 IN IA 1/2019 IN WP(C)
6153/2019(T) OF HIGH COURT OF KERALA
APPELLANTS/PETITIONERS IN WPC NO.6153/2019:
1 THE MANAGING DIRECTOR
KERALA STATE CO-OPERATIVE FEDERATION FOR FISHERIES
DEVELOPMENT (MATSYAFED) KAMALESWARAM, MANACADU,
THIRUVANANTHAPURAM-695009.
2 THE MANAGER, MATSYAFED NET FACTORY,
DR. SALIM ALI ROAD, COCHIN-682018.
BY ADV. SRI.T.P.PRADEEP
RESPONDENTS/1ST RESPONDENT IN WPC NO.6153/2019:
JOB YESUDAS V.M.
VALLANATTU HOUSE, KUMBALANGHI P.O., KOCHI-682007.
BY SMT. A.K. PREETHA
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON
19.06.2020, ALONG WITH WA.597/2020, WA.601/2020, WA.604/2020,
WA.605/2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
6
WA.Nos.597,601,604,605,709 of 2020
JUDGMENT
Dated this the 19th day of June 2020 Shaffique, J These appeals are filed challenging the interim orders dated 23.1.2020 passed by the learned Single Judge, directing the appellants to pay the wages to the petitioners/respondents herein under Section 17B of the Industrial Disputes Act, 1947.
2. In so far as there is already a finding by the competent Tribunal that the respondents herein are entitled to be reinstated in service, necessarily when lis is pending before this Court and a stay of operation of the award has been obtained, it is an obligation cast upon the employer to pay the wages under Section 17B. The employer was unable to show any material that the workmen were otherwise gainfully employed.
3. In such circumstances, there is justification on the part of the learned Single Judge to have issued the impugned direction. We do not see any ground to interfere with the order passed by the learned Single Judge. The learned counsel for the appellants then prayed for a direction for early hearing of the matter. If the appellants want an early hearing in the matter, they may approach the learned 7 WA.Nos.597,601,604,605,709 of 2020 Single Judge by filing an appropriate application. We cannot issue any such direction to the learned Single Judge.
The writ appeals are dismissed.
Sd/-
A.M.SHAFFIQUE, JUDGE Sd/-
kp True copy GOPINATH P., JUDGE
P.A. To Judge