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2022 Supreme(Online)(KER) 58099

HIGH COURT OF KERALA
MR. AMIT RAWAL, J
R.MURUGAN, CHAIRMAN, PRS COLLEGE OF ENGINEERING AND TECHNOLOGY – Appellant
Versus
N.O.PRATHEESH – Respondent


Advocates:
For the Appellants/Petitioners: GOPAKUMAR R.THALIYAL, SRI.M.S.VIJAYACHANDRA ABABU
For the Respondents: SRI.A.S.SHAMMY RAJ

Table of Content
1. background of employment and denial (Para 2 , 3 , 4)
2. arguments on employment status and reinstatement (Para 5 , 6)
3. court analysis on back wages and employment status (Para 7 , 8)
4. final conclusions on petitions (Para 9)

JUDGMENT

[WP(C) Nos.4559/2019, 8228/2019]

This order of mine shall dispose of two writ petitions W.P.(C) No.4559 of 2019 titled as R.Murukan v. N.O Pratheesh and another and W.P.(C) No.8228 of 2019 titled as Pratheesh N.O v. Murukan and Another.

2. In both the writ petitions, challenge has been laid to the labour court award dated 5.4.2018 whereby the claim for denial of the employment with effect from September 2008 by the management has been accepted in part, ordering reinstatement but by denying back wages. It is in that background the management has challenged the other part of the award ordering the reinstatement whereas the workman with regard to denial of reinstatement.

3. The facts in brief are that the petitioner is stated to have being an employee of a management known as Mary Matha College of Engineering and Technology, Paliyodu, Neyyattinkara and allegedly appointed as clerical staff in the said college on 20.7.2002, Ext.P1. The manage

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