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IN THE HIGH COURT OF KERALA AT ERNAKULAM
GOPINATH P., J
ABDUL KADHAR – Appellant
Versus
ALLIANCE EDUCATIONAL TRUST – Respondent
| Table of Content |
|---|
| 1. issue referred to labour court regarding employment denial. (Para 1 , 2 , 3) |
| 2. submission to direct government for fresh order of reference. (Para 4) |
| 3. court's observation on necessary parties and powers of labour court. (Para 5 , 6) |
| 4. final direction to restore matter for adjudication. (Para 7 , 8) |
J U D G M E N T
At the instance of the petitioner, the following issue was referred for adjudication to the Labour Court, Kozhikode:
"Whether the denial of employment to Sri. Abdul Khader, S/o. Muhammed Haneefa Ravuthar, Nellisseri Parambil, Kunnappally (P.O), Malappuram District by Sri.K.K.Ashraf, Chairman, Alliance Educational Trust, Panambi, Perinthalmanna, Malappuram District is justifiable or not? If not, what are the relief he is entitled to?"
Through Ext.P12 award dated 10-01-2022, the Labour Court found that the denial of employment to the petitioner was unjustified and he has to be reinstated in service with full back wages, continuity of service and all other attendant benefits. Since no steps were taken to comply with the award, the petitioner filed CP No.18/2022 under Section 33 C (2) of the Industrial Disputes Act, 1947 , which was also allowed through ord
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