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2017 Supreme(Online)(KER) 46357

HIGH COURT OF KERALA
ANTONY DOMINIC, ANU SIVARAMAN, JJ
PERUMBAVOOR RANGE MADYA VYAVASAYA THOZHILLALI UNION – Appellant
Versus
ARUNA TOURIST HOME    Advocate - A JAYASANKAR, ,A JAYASANKAR,MANU GOVIND – Respondent


JUDGMENT

Anu Sivaraman, J.

This writ appeal is filed by the 2nd respondent in the writ petition. The writ petition was filed challenging Exhibit P19 award of the Industrial Tribunal. By the award, the Tribunal ordered reinstatement of six workers, who had been retrenched by the management without following due procedure. The dispute had been raised by the appellant Union complaining of denial of employment of eight workmen by the writ petitioner establishment. The said dispute was referred for adjudication.

The issue referred was as follows:

“Whether the denial of employment to (1)

Sri.K.K.Venu, (2) Sri.Benny Gregory, 3. Sri.K.Shibu, 4.Sri.K.Prakash 5. Vasudevan, 6.Biju Mathew, 7.Sri.Sabu P.P. 8. Viju.M.K., by the management of Aruna Tourish Home, Perumbavoor is justified? If not, what relief they are entitled to?“

2. It was the specific case of the Union that the workmen had been employed for several years in the establishment. It was stated that registers required to be maintained under the WA.493/14 2 Kerala Shops and Commercial Establishments Act, Abkari Workers Welfare Fund Act, Employees Provident Fund Act etc. were not maintained by the establishment. It was alleged that the labou

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