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2024 Supreme(Online)(KER) 23903

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P.

FRIDAY, THE 16TH DAY OF FEBRUARY 2024 / 27TH MAGHA, 1945 WP(C) NO. 39416 OF 2016 PETITIONER/S:

THE MANAGER VRINDHAVAN ESTATE,MAMBATTA, POOKOTTUMPADAM, NILAMBUR, MALAPPURAM DIST.

BY ADVS.

SRI.ABRAHAM VAKKANAL (SR.)

SRI.DIJO SEBASTIAN SRI.SAMPATH V. TOMS SMT.VINEETHA SUSAN THOMAS RESPONDENT/S:

1 LABOUR COURT KOZHIKODE REP. BY ITS SECRETARY PIN- 673 001

2 THE PRESIDENT MALAPPURAM DISTRICT ESTATE-LABOUR CONGRESS (INTUC)

AMARAMBALAM COMMITTEE, INDIRA BHAVAN, POOKOTTUMPADAM, NILAMBUR, MALAPPURAM DIST.

BY ADVS.

SRI.R.RANJITH (MANJERI)

SRI.R.RANJITH MANJERI SRI. DHEERAJ A.S, GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

Petitioner has approached this Court, challenging Ext.P7 award dated 03.08.2016 in I.D. No.41/2013 of the Labour Court, Kozhikode, to the extent it holds that the strike by certain employees of the petitioner -Company was justifiable.

2. It appears that, the petitioner proceeded against the employees and the employees in question and they have been removed from the service by the petitioner, on 11.09.2012, following completion of disciplinary proceedings.

In that view of the matter, nothing further survives for consideration in this writ petition and it is accordingly closed. The petitioner is permitted to raise all contention in any proceedings, that may have been initiated, by the employees in question regarding their termination from service. It is made clear that, in that light of the judgment of this Court dated 05.01.2024 in W.P.(C.) No.23673 of 2014, the award will not have the effect of reopening any issue covered by the terms of that judgment.

Sd/-

GOPINATH P.

JUDGE ajt APPENDIX OF WP(C) 39416/2016 PETITIONER EXHIBITS EXHIBTP1 TRUE COPY OF THE AWARD IN ID NO.34/2012IN THGE LABOUR COURT, KJOZHIKODE KERALA DATED

31-01-2014 EXHIBIT P2 TRUE COPY OF THE CLAIM STATEMENT DATED 10-10-

2013 EXHIBIT P3 TRUE COPY OF THE REPLY STATEMENT DATED 21-12-

2013 EXHIBITP4 TRUE COPY OF THE REJOINDER DATED 28-02-2014 EXHIBITP5 TRUE COPY OF THE JUDGENT IN WPC NO.22162OF

2012(U) DATED 27-11-2012 EXHIBIT P6 TRUE COPY OF THE ORDER DATED 04-06-2016 EXHIBIT P7 TRUE COPY OF THE AWARD IN ID NO.41/2013 DATED

03-08-2016

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