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1993 Supreme(Ker) 190

M.JAGANNADHA RAO, K.SREEDHARAN
Kerala Solvent Extractions Ltd. – Appellant
Versus
Unnikrishnan – Respondent


Judgment :-

Jagannadha Rao, C.J.

These two Appeals arc directed against the common judgment dated 2-12-1992 of the learned Single Judge in O.P.No.8348 of 1992 and 12063 of 1992, disposing of the Writ Petitions. The appellant before us is the Kerala Sovent Extractions Ltd. In the Writ Petitions, the appellant questioned the correctness of the awards passed by the Labour Court in favour of the respondents-workmen.

2. The workmen in question in the two Writ Petitions were employed by the appellant-company as badly headload works in go-downs. A notice was issued as per Ext.P1 stating that only those persons who had studied upto Vlllth standard or below should apply. The workmen, who applied for employment stating that they had passed VIIth standard did not specifically mention that they had passed S.S.L.C. It is only after their appointment that the appellant came to know that they had passed SSLC, and that there was a violation of the notification. The appointments were made in the year 1988, and the services of the workmen were sought to be terminated by the management in 1989 by Ext.P5 memo, and in fact the termination orders were passed. The workmen questioned the same, and sought fo

















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