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2025 Supreme(Online)(Ker) 58877

IN THE HIGH COURT OF KERALA AT ERNAKULAM
GOPINATH P., J
ABDUL SALEEM – Appellant
Versus
THE LABOUR COURT, KOZHIKODE – Respondent


Advocates:
For the Appellants/Petitioners: SMT.MOLTY MAJEED
For the Respondents: SRI.P.RAMAKRISHNAN, SMT.PREETHI RAMAKRISHNAN (P-212), SHRI.T.C.KRISHNA, SRI.C.ANIL KUMAR, SMT.ASHA K.SHENOY, SRI.PRATAP ABRAHAM VARGHESE, SRI.GOKUL KRISHNA

J U D G M E N T

This writ petition has been filed challenging the award dated 20-06-

2022 in ID No. 9/2022 on the file of the Labour Court, Kozhikode, to the extent that it denies back wages to the petitioner while finding that the petitioner's retrenchment was illegal and directing his reinstatement.

2. The learned counsel for the petitioner submits that there was no just cause or reason for the Labour Court to deny back wages to the petitioner. It is submitted that there were other workmen similarly situated like the petitioner working in the same establishment and in respect of whom the very same Labour Court had directed reinstatement with 50% back wages. Reference is made in this regard to the award dated 31-08-2022 in ID No.28/2022 on the file of the Labour Court, Kozhikode. It is submitted that a different yardstick cannot be adopted in the matter of granting back wages, and the petitioner is entitled to back wages for the period during which he was illegally kept out of service.

3. The learned counsel appearing for the party respondents would submit that the Labour Court has denied back wages to the petitioner for the reasons mentioned in paragraph 15 of Ext. P1 award. It is s

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