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2021 Supreme(Ker) 585

ALEXANDER THOMAS, A.BADHARUDEEN
Trichur Co-Operative Spinning Mills Ltd. – Appellant
Versus
Court of Industrial Tribunal, Palakkad – Respondent


Advocates:
Advocate Appeared:
For the Appellants : K. Anand, Joseph Sebastian Parackal, Latha Anand, M.N. Radhakrishna Menon.
For the Respondent: P.K. Ravisankar.

JUDGMENT :

A. BADHARUDEEN, J.

1. The 1st respondent in the writ petition [W.P. (C) No. 5496/2005] has filed this intra court appeal under Section 5 of the High Court Act, so as to impugn the judgment dated 30.11.2016 rendered by a learned Single Judge, in the above writ petition filed by the 2nd respondent herein, who is the writ petitioner. The Writ Petitioner sought the following reliefs:

    “(i) Issue a writ of certiorari or appropriate writ quashing the Ext.P2 as far as it does not grant the full back wages to the petitioner.

(ii) Issue a writ of mandamus or any other writ/order directing the respondent to disburse the full backwages for the period mentioned in ID No. 44/2000.”

2. Heard Smt. Latha Anand, learned Counsel appearing for the appellant, 1st respondent in the writ petition, Sri. P.K. Ravisankar, learned Counsel appearing for R3 herein (workman).

3. The parties in this appeal are referred to as 'workman' and the 'management' for convenience.

4. The precise case in W.P. (C) No. 5496/2005 is that, while the workman was working under the management, he was suspended from service on 10.10.1998, without assigning reasons. Thereafter, false allegations were levelled against him by is

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