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2025 Supreme(Online)(Ker) 52233

IN THE HIGH COURT OF KERALA AT ERNAKULAM
GOPINATH P., J
RAJASREE NAMBIAR K.P – Appellant
Versus
RAVI KULANGARA – Respondent


Advocates:
For the Appellants/Petitioners: SRI.T.N.SURESH, SHRI.YEDU KRISHNA S., SMT.MEDHA MARIA MATHEW, SMT.AISWARYA UNNIKRISHNAN
For the Respondents: SRI.V.KRISHNA MENON

JUDGMENT

This Contempt of Court case has been filed alleging non-compliance with Annexure-A1 order which requires the respondent to pay wages at the rate of last drawn salary under Section 17B of the Industrial Disputes Act, 1947 (hereinafter referred to as 'the ID Act') to the petitioner.

2. The learned counsel appearing for the respondent submits that the respondent has paid wages as directed in the order dated 21.08.2024 till the date of Ext.R1(b). It is submitted that, in Ext.R1(b) proceedings, the petitioner was offered reinstatement and from the date on which she was offered reinstatement, the right of the petitioner to claim wages under Section 17B of the ID Act came to an end.

3. The learned counsel for the petitioner vehemently submits that the offer of reinstatement was to a different post with fresh terms and conditions and therefore, the petitioner did not accept the offer of reinstatement. It is submitted that the reinstatement was a ruse to get over the order to pay wages under Section 17B of the ID Act. It is submitted that, in such circumstances, the liability to pay wages under continues.

4. The learned counsel appearing for the respondent submits that the con

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