JUDGMENT

The present writ petition is directed against the award of the Labour Court dated 01.11.2021 rendered in I.D.No.47 of 2014 whereby the claim petition of the respondent has been allowed and directions have been issued to the petitioner establishment for payment of lumpsum compensation of Rs.8 lakhs being 50% of backwages and other consequential benefits.

2. 1st respondent – workman approached the Conciliation Officer for settlement of the dispute in the year 2006 ie., 06.12.2006 and conciliation proceedings culminated into a settlement of ensuring an employment by the establishment. Petitioner is a contractor taking up the contract of various public sector undertakings. BPCL wanted to raise certain construction in their refineries and the contract was awarded to M/s.Larsen and Toubro Limited - the petitioner. For employing the employees, petitioner had been engaging the services of the private contractor. 1st respondent – workman alleging the retrenchment with effect from 12.06.2014 by the second management ie., BPCL filed a petition under Section 2A (2) of the Industrial Dispute Act, 1947, on the ground that he was appointed as store keeper in the Kerala State Electricity B