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2010 Supreme(Ker) 159

K.BALAKRISHNAN, P.N.RAVINDRAN
B. Rajagopal – Appellant
Versus
Jolly Xavier – Respondent


Advocates appeared:
For The Petitioner:H.B. Shenoy, B. Ashok B. Shenoy, Advocate. For Respondent:Benny Gervasis, Govt. Pleader, R1 -E.K. Nandakumar, A.K. Jayasankar Nambiar, Advocates.

Judgment :-

Balakrishnan Nair, J.

1. These Writ Appeals are filed against the common judgment of the learned Single Judge in W.P.(C) Nos.5522 and 21226 of 2004. The management and the workman challenged the award of the Industrial Tribunal, Idukki, in I.D.No.42/01, by filing the above Writ Petitions. The learned Single Judge, by the aforementioned common judgment, allowed the Writ Petition filed by the management and dismissed the Writ Petition filed by the workman. Hence, these two Writ Appeals by the workman, challenging the said common judgment.

2. The brief facts of the case are the following : Unless otherwise specifically mentioned, the parties and exhibits are mentioned as referred to in W.P.(C)5522/04, from which W.A.215/09 arises. The appellant was a workman of a coffee estate in Nelliampathy, owned by a partnership firm, viz., Walliawarum Plantations. The first respondent herein is its Managing Partner. It appears, the appellant was apprehending disciplinary action against him. In that context, it is alleged that he threatened the father of the Managing Partner, of dire consequences to his son, if any action is taken against him. It is also alleged that he, along with his





































































































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