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2018 Supreme(Online)(KER) 23462

HIGH COURT OF KERALA
A. Muhamed Mustaque, J
INDIAN ALUMINIUM COMPANY – Appellant
Versus
GOVERNMENT OF KERALA – Respondent


Advocates:
SRI.M.PATHROSE MATTHAI (SR.), SRI.SAJI VARGHESE, SRI.K.RAMAKUMAR SENIOR ADVOCATE, ADV. SRI.K.S.MADHUSOODANAN

JUDGMENT

The petitioner Management challenges an award in the Industrial Disputes Tribunal raised by the workmen in regard to lay off of the establishment. The dispute that was referred for adjudication was whether the action of the Management of Indian Aluminum Ltd. in having laid off their workers with effect from 28.2.1996 is justified. If so quantum of compensation to be entitled to the workers.

2. The Industrial Disputes Tribunal found that lay off was justifiable. It was owing to the fact of power cut in the establishment. However, taking note of the settlement between the Management and the union, the Labour Court made the following observations in the award:

“For the failure on the part of the management, substantial number of workmen had to suffer. Therefore the affected workmen are entitled to get some additional amount by way of compensation in addition to what they are entitled in terms of Sec.25(C) of the I.D.Act.”

3. This observation was made after referring to Article

79 and 80 of the settlement, which reads as follows:

“Article XVI-General.

79. It is agreed that for lay off permanent workmen belonging to unskilled category for any reason beyond the control of the company o

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