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2024 Supreme(Online)(KER) 52601

HIGH COURT OF KERALA
AMIT RAWAL, J
K. MANOJ – Appellant
Versus
THE GENERAL SECRETARY – Respondent


Advocates:
SRI.M.GOPIKRISHNAN NAMBIAR, SRI.P.BENNY THOMAS, SRI.P.GOPINATH, SRI.K.JOHN MATHAI, SRI.JOSON MANAVALAN, SRI.KURYAN THOMAS, SRI.S.K.ADHITHYAN, SRI.B.MOHANLAL, SRI.P.MOHANDAS, SRI.MUHAMMED IBRAHIM ABDUL SAMAD, DR.K.P.SATHEESAN SR., SRI.K.SUDHINKUMAR, SRI.S.VIBHEESHANAN

JUDGMENT

1. Award of the labour court dated 8.9.2015 in I.D No.24/2013 ordering reinstatement with full backwages is under challenge in the present writ petition.

2. The facts, in brief, are as under:

Petitioner, Management had vide lease agreement executed in February 2009 taken the Kamala Cashew Company, Vappala on lease. Workman was already in the employment of the Factory. All the employees in the absence of the lease agreement placed on record (emphasis supplied) continued to be the employee of the lessee, which was for a period of 5 years. Owing to certain administrative reasons, as per the stand of the management, workman was ordered to be transferred to another cashew factory owned by the petitioner. The Management did not permit him to join on account of his transfer. Charge sheet was served upon the workman on the ground of misconduct in not adhering to the order of the transfer and resulted into dismissal on 5.3.2013 with effect from 9.8.2011.

3. It is pertinent that the workman for vindication of the grievance, approached the Labour Conciliation Officer. Management appeared and had taken all the please except for the order of dismissal as it came to pass only after the orde

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