Thressia v. Joseph - 1985 Supreme(Online)(Ker) 15

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1985 Supreme(Online)(Ker) 15

KERALA HIGH COURT
V. R. Krishna Iyer, J
Thressia v. Joseph

Table of Content
1. claims regarding payment of wages relate to workman's dismissal and wage entitlement. (Para 1 , 2)
2. employer's obligation to reinstate exists alongside employee's duty to claim. (Para 3 , 5)
3. workman's compliance with award entails claiming rights actively. (Para 4 , 6 , 8 , 10)
4. labour court must award valid wages in accordance with statutory provisions. (Para 7 , 14)
5. minimum wages should govern the entitlement under s.33c(2) claims. (Para 11 , 12 , 13)

1. The original petitioner in OP 310 of 1980 (the 1st respondent in OP 3350 of ]980) owned a rubber estate. On his death, his legal representatives have been impleaded as supplemental parties in both the original petitions. The petitioner in OP 3350 of 1980, who is also the 1st respondent in OP 310 of 1980, was a workman employed in the estate. He was retrenched with effect from 20-4-1964 and this led to an industrial dispute which was referred to the Industrial Tribunal, Calicut. In I.D. 118 of 1964, an award was passed on 21-12-1974 directing reinstatement of the workman with backwages. The award was published in the Government Gazette dated 11-2-1975. On 4-5-1975, the workman filed Ext. P1 claim petition b