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2009 Supreme(Ker) 665

K.BALAKRISHNAN NAIR, V.GIRI, P.S.GOPINATHAN
The South Indian Workers Congress – Appellant
Versus
Sree Sankara University of Sanskrit – Respondent


Advocates Appeared:For the Petitioners:Paulson C. Varghese, Advocate. For the Respondents:P.K. Vijayamohanan, Sc, Sankaracha. Uty, Advocate.

Judgment :-

Balakrishnan Nair, J.

This appeal was filed against the order of the learned Single Judge in I.A.No.15603/06 and connected orders in W.P.(C) No.5532 of 2006. The brief facts of the case are the following:

The above writ petition was filed by Sree Sankara University of Sanskrit, challenging Ext.P14 award of the Industrial Tribunal, Aleppey dated 14.11.2005. As per the said award, the Tribunal declared that the termination of the workmen concerned therein was illegal, as the same was done in violation of Section 25-F of the Industrial Disputes Act. It was further declared that, they shall be deemed to be continuing in service and are entitled to get 50% of the back wages. In the writ petition, the union and the workmen filed interlocutory applications, claiming payment of wages, as contemplated under Section 17B of the Industrial Disputes Act (hereinafter referred to as "I.D. Act"). The impugned orders were the orders passed in those applications. Though the applications were allowed by the learned Single Judge, it was ordered that, the last drawn wages as provided under Section 17-B of the I.D.Act need be paid, only from the date of filing of those I.As.. Aggrieved by th










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