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2015 Supreme(Online)(KER) 37174

HIGH COURT OF KERALA
K VINOD CHANDRAN, J
VIJAYAMMA – Appellant
Versus
THE PROPRIETOR, J.S.CASHEW EXPORTS – Respondent


Advocates:
SRI.T.N.SURESH, SRI.T.M.CHANDRAN, SRI.V.A.SASIDHARAN, SRI.JOSEPH ALBIN NEDUNTHALLY, SRI.MANOJ KUNJACHAN

J U D G M E N T

The petitioner is aggrieved with the award of the Labour Court, Kollam, at Ext.P3, insofar as the denial of back wages. Reference was made, as to the justifiability of the denial of employment, of the petitioner herein. 2. The Labour Court treated the charter of demand of the worker as her claim statement on account of the petitioner having not filed any claim statement before Court. It was found that the charter of demand only indicated that, the petitioner was changed from one category to another. The management remained ex-parte before the Labour Court. The evidence of the petitioner was also found to have not indicated any specific denial of employment. It was in such circumstances, while reinstatement was ordered, the Labour Court refused to O.P.(L.C) No.78 of 2011 2 grant any back wages.

3. The learned Counsel for the petitioner points out Exts.P1 and P2, the claim statement and the proof affidavit to contend that, there was a specific allegation of denial of employment form 04.02.2009. The claim statement is obviously filed in August 2010. The award of the Labour Court itself is dated 31.08.2010. Hence, no interference of the award can be made on account of the

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