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1984 Supreme(Ker) 49

K.BASKARAN, BALAKRISHNA MENON
ANNAMMA THOMAS – Appellant
Versus
T. JOSEPH – Respondent


Judgment :-

1. Both the writ appeal and the O.P. arise out of proceedings initiated by the 1st respondent for relief under S.33-C(2) of the Industrial Disputes Act, 1947.

2.The 1st respondent was a Supervisor of the petitioner's estate. He was discharged from service on 20-4-19,64. An industrial dispute was raised by the Union of which the employee is a member and the Industrial Tribunal, Calicut, by its award dated 21-12-1974 in I. D. No. 118 of 1964 directed reinstatement of the employee with backwages. The award of the Industrial Tribunal was published in the gazette dated 11-2-1975. The petitioner challenged the validity of the Award in O. P. No. 1815 of 1975 before this Court. It is admitted by both sides that the O. P. was dismissed confirming the award of the Industrial Tribunal. Thereafter the employee filed Ext. P1 application before the Labour Court, Quilon, under S.33-C(2) of the Industrial Disputes Act claiming backwages upto the date of the award and also future wages till 30-4-1975, at the rate of Rs. 300/- per mensem. Ext. P2 dated 12-9-1975 is a copy of the objections filed by the 1st respondent wherein he has refuted the employee's claim for future wages for the rea




























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