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2016 Supreme(Ker) 1503

A.MUHAMED MUSTAQUE
C. R. Manoharan – Appellant
Versus
Labour Court – Respondent


Advocates Appeared:
For the Petitioner:Sri. A. Jayasankar, Sri. Manu Govind, Advocates
For the Respondent:Smt. Pooja Surendran, Government Pleader, Sri. P.V. Kuriachan, Sri. K.P. Rajeevan, Advocates

JUDGMENT :

A. Muhamed Mustaque, J.

These writ petitions are filed by the management and the workman, challenging the award of the Labour Court, Ernakulam, in an industrial dispute raised by the workman alleging denial of employment by the management. The Labour Court, after holding that the workman was employed under the management and he was illegally denied employment under the management, awarded to the workman a compensation of Rs. 78,000/-.

2. WP(C) No.23757/2011 is filed by the management, challenging the award on the ground that there was no evidence before the Labour Court to establish that the workman was employed under the management. According to the management, there was no evidence on record to show the relationship between the workman and the management.

3. WP(C) No.26968/2011 is filed by the workman, challenging the award on the ground of inadequacy of compensation. The case of the workman is that the Labour Court erred in taking 15 days' average pay while calculating compensation.

4. The workman, admittedly, was an employee under the management. The case of the management is that the workman received the entire compensation in the year, 1992 as evident from Ext.P1. This








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