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2022 Supreme(Ker) 110

ALEXANDER THOMAS, VIJU ABRAHAM
Lourdes Hospital, Kochi – Appellant
Versus
State of Kerala – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Enoch David Simon Joel, S. Sreedev, Rony Jose, Leo Lukose, Suzanne Kurian, Cimil Cherian Kottalil.
For the Respondents: A. Jayasankar, Manu Govind, Saigi Jacob Palatty.

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 i

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