JUDGMENT

Ext.P3 award of the Labour Court is under challenge in this writ petition.

2. An industrial dispute was raised by the 1^st respondent alleging that he was denied employment by the petitioner. Petitioner is the present Provincial of Franciscan Brothers Congregation of Missionaries of St.Francis of Assisi (CMSF) Charitable Society. The Society has 26 acres of land at Vattappara. There is a school in the property. In six acres of land rubber trees were planted. First respondent was engaged for tapping from December, 2004. Dispute was raised by the 1^st respondent alleging that after a recess during summer in 2009 the petitioner Society denied employment to him.

3. The dispute led to the Government making a reference to the Labour Court. The issues referred for adjudication as per G.O.(Rt.)No.474/2011/LBR dated 23.3.2011 were as follows:-

“Whether the denial of employment to Sri.Titus by the management of Franciscan Brothers Charitable Society owned estate is justifiable or not? If not what relief the workman is entitled to?”

4. First respondent filed a claim statement and a counter statement was filed by the writ petitioner. In the claim statement 1^st respondent contended that he w