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2026 Supreme(Online)(Ker) 4501

IN THE HIGH COURT OF KERALA AT ERNAKULAM
N. NAGARESH, J
THE SECRETARY MARTHOMA MEDICAL MISSION, MARTHOMA SABHA OFFICE, THIRUVALLA, PIN - 689101 – Appellant
Versus
THE GENERAL SECRETARY PATHANAMTHITTA DISTRICT PRIVATE HOSPITAL EMPLOYEES UNION(CITU), PATHANAMTHITTA, PIN - 689650 – Respondent


Advocates:
For the Appellants/Petitioners: SRI.M.NARENDRA KUMAR
For the Respondents: SRI.V.PHILIP MATHEWS, SC

Table of Content
1. tribunal's findings on leave benefits. (Para 1)
2. contention on statutory support for leave terms. (Para 2)
3. no evident error found; remedy is writ appeal. (Para 3)

O R D E R

The Industrial Tribunal dealt with the issues of minimum wages, age of superannuation and leave benefits. The review petitioners are aggrieved by paragraph 12 of the judgment in the writ petition which dealt with the issue of leave. The petitioners state that the Tribunal has come to a conclusion that Section 12 preserves the right of employees to avail better leave terms than what are provided in the Act and therefore, the Management cannot amend the Leave Rules in such a way as to curtail better terms of leave being enjoyed by the workmen as per the contract of service. The petitioners state that the said finding does not have statutory support.

2. I have heard the learned counsel for the petitioners and the learned counsel appearing for the respondents.

3. In paragraph 12, this Court has quoted the findings of the Tribunal as regards the entitlement for better leave terms. The Tribunal has considered all materials on record and has appreciated the evidence adduced by either side. Therefo

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