Point of law: No necessity to decide as to whether the concept of gainful employment by way of self employment, would also partake within the ingredients of Sec.i7-B of the Industrial Disputes Act.

JUDGMENT :

ALEXANDER THOMAS, J.

1. The appellant herein has filed the instant Writ Petition (Civil), W.P. (C) No. 27742/2020 before this Court with the following prayers:

“(i) Issue a writ of certiorari or appropriate writ, order or direction calling for the records leading to Ext.P3 and quash the same.

(ii) Issue such other appropriate writ, order or direction that may be deemed to be just and equitable in the facts and circumstances of the case.”

2. The writ petitioner/writ appellant-Employer has challenged the legality and correctness of the impugned Ext.P-3 award dated 24.12.2018 rendered by the Labour Court, Ernakulam on I.D. No. 27/2014, whereby it was ordered that the impugned order of dismissal of the workman (R2 herein) was found to be illegal and unlawful and the management was directed to re-instate the workman, but without back-wages. The above writ petition was filed before this Court on 09.12.2020. The learned Single Judge at the admission stage itself has granted an interim order directing the stay of the operation and enforcement of the impugned Ext.P-3 award. Later, the respondent-workman has entered appearance through his learned counsel and has filed I.A. No. 1/2021 in the said W.P. (C) No. 27742/2020 stating that he has not been employed in any establishment, during the relevant period and that his last drawn wages at the time of his termination from service was Rs. 8,500/- p.m. and that he is statutorily entitled for getting wages in terms of the provisions contained in Section 17-B of the Industrial Disputes Act, 1947. The said application filed by the workman for Section 17B wages has been allowed by the learned Single Judge, as per the impugned order dated 22.11.2021 in I.A. No. 1/2021 filed by the respondent-workman in W.P. (C) No. 27742/2020. It is this interim order rendered by the learned Single Judge on 22.11.2021 granting Section 17-B wages to the workman that is under challenge in the instant intra court appeal filed under Section 5(i) of the Kerala High Court Act, at the instance of the writ petitioner-Management/employer.

3. Heard Sri. Enoch David Simon, learned Advocate instructed and assisted by Ms. Suzanne Kurian, learned counsel appearing for the appellant in the WA/petitioner in the W.P. (C), Sri. A. Jayasankar, learned counsel appearing for R2 in the WA/R2 in the W.P. (C) and Sri. Saigi Jacob Palatty, learned Senior Government Pleader appearing for R1 (State) in the WA/R1 in the W.P. (C).

4. As indicated hereinabove, the Labour Court, Ernakulam, as per the impugned Ext.P-3 award rendered on 24.12.2018 on I.D. No. 27/2014, has found that the termination from service imposed on the workman by the management is illegal and unlawful and that the management should re-instate the workman in service, but without back-wages. The claim for wages under Section 17-B of the Industrial Disputes Act, 1947 has now been allowed by the learned Single Judge as per the impugned order. It is this interim order that is under challenge before us.

5. One of the prime contention raised by the learned counsel appearing for the appellant-management is that even going by the materials before the Labour Court, it can be seen that the respondent-workman has been working in the optical shop owned by his wife and further that, he is continuing to get rental income from two rooms owned by him and that this would clearly show that the workman was employed in his wife's optical shop and even otherwise, he is having a source of income and therefore, the jurisdictional facts under Section 17-B of the Industrial Disputes Act, are not satisfied in this case and that the contrary view taken by the learned Single Judge, as per the impugned interim order, is illegal and unreasonable.

6. Per contra, the learned counsel appearing for the respondent-workman would urge that the workman has filed I.A. No. 1/2021 in the instant W.P. (C) along with the supporting affidavit, wherein it has been sworn by him that he is not having any employment i