Kerala High Court
OP/37527/2002 of P.N.JOB Vs DEPUTY LABOUR COMMISSIONER on 20 December 2001
COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE B.P.RAY THURSDAY, THE 7TH DAY OF FEBRUARY 2013/18TH MAGHA 1934 OP.No. 37527 of 2002 (P) ------------------------------------ PETITIONER(S): -------------------------- P.N.JOB, PROPRIETOR, SUNITHA DIESEL SALES AND SERVICE, VYTILA
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE B.P.RAY
THURSDAY, THE 7TH DAY OF FEBRUARY 2013/18TH MAGHA 1934
OP.No. 37527 of 2002 (P)
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PETITIONER(S):
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P.N.JOB, PROPRIETOR, SUNITHA DIESEL SALES AND SERVICE, VYTILA JUNCTION, KOCHI-17.
BY ADVS.SRI.M.RAJASEKHARAN NAYAR
SRI.JOHN K.JOSEPH(SAJAN)
SMT.K.N.RAJANI
SMT.NITHYA.K.
RESPONDENT(S):
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1. DEPUTY LABOUR COMMISSIONER, ERNAKULAM
(APPELLATE AUTHORITY UNDER SHOPS AND COMMERCIAL ESTABLISHMENTS ACT).
2. SMT.K.D.MARY, KUTTAZHATHU HOUSE,
MARADU P.O., (VIA), TRIPUNITHURA ERNAKULAM. ERNAKULAM.
R1 BY GOVERNMENT PLEADER SMT.MAYA R2 BY ADV. SRI.K.RAMAKUMAR (SR.)
THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON
07-02-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP. NO.37527/2002
APPENDIX
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PETITIONER'S EXHIBITS:-
P1:- COPY OF THE LETTER DTD. 16.2.1998 OF 2ND RESPONDENT.
P2:- COPY OF THE LETTER TO 2ND RESPONDENT DTD. 15.3.1998 ISSUED BY THEPETITIONER.
P3:- COPY OF THE LETTER ISSUED TO THE 2ND RESPONDENT DTD. 27.3.1998 BY THEPETITIONER.
P4:- COPY OF THE LETTER ISSUED BY THE PETITIONER TO THE COUNSEL FOR THE2ND RESPONDENT DTD. 10.6.1998.
P5:- COPY OF THE LETTER DTD. 25.3.1999 OF IST RESPONDENT.
P6:- COPY OF THE APPEAL MEMORANDUM DTD. 21.8.1998 IN SA. NO.24/1998.
P7:- COPY OF THE WRITTEN STATEMENT DTD. 23.4.1999 IN SA. 24/1998.
P8:- COPY OF THE COUNTER AFFIDAVIT FILED BY THE 2ND RESPONDENT IN OP.12178/2000 BEFORE THE HONOURABLE HIGH COURT OF KERALA, ERNAKULAM .
P9:- COPY OF THE ORDER OF THE IST RESPONDENT DTD. 5.9.2002.
P10:- COPY OF EXT.D7 BEFORE THE IST RESPONDENT DTD. 1.4.1998 BY SREELATHA.
RESPONDENT'S EXHIBITS:-
NIL
//TRUE COPY//
P.A. TO JUDGE
tss
B.P.RAY, J.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - O.P.No.37527 OF 2002
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 7[th] day of February, 2013
JUDGMENT
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Petitioner is running an establishment called Sunitha DieselSales and Service having branch offices at Tripunithura and otherplaces. Second respondent was an employee under the petitioner.This original petition is filed with a prayer to call for the recordsrelating to Ext.P9 order and quash it by a writ in the nature ofcertiorari or other appropriate writ or order.
2. Learned counsel for the petitioner submits that none of the points raised by the petitioner was considered by the first respondentwhile holding that second respondent is liable to be reinstated or inalternative a sum of Rs.50,000/- is to be paid as compensation.Learned counsel for the petitioner also submits that the Ext.P9 orderis vitiated on the ground that the appeal can be entertained only afterdelay is condoned. Moreover, the findings in Ext.P9 are vague,tentative and perverse.
3. Heard both sides and perused the materials available onrecord.
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4. Considering the long lapse of time and the fact that thepetitioner served for about 16 years, I suggested the parties to settlethe matter out of court. Learned counsel appearing for both sidessubmit that a reasonable amount can be fixed by this court ascompensation in lieu of reinstatement. Therefore, I modify the awardby reducing the amount of compensation to Rs.25,000/-. Inpursuance to an interim direction issued by this court Rs.10,000/-was paid and the balance Rs.15,000/- has to be paid within onemonth from the date of receipt of a copy of this judgment. Thegratuity amount shall also be paid within two months thereafter. Theentire amount shall be paid to respondent No.2 by an account payeebank draft by the end of March 2013.
Original petition is disposed of.
jes
B.P.RAY, JUDGE
O.P.No.37527 OF 2002
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