LOURDES HOSPITAL Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant herein has filed the instant Writ Petition (Civil), W.P(C) No.27742/2020 before this Court with the following prayers :

(2.) The writ petitioner/writ appellant-Employer has challenged the legality and correctness of the impugned Ext.P-3 award dtd. 24/12/2018 rendered by the Labour Court, Ernakulam on I.D No.27/2014, whereby it was ordered that the impugned order of dismissal of the workman (R2 herein) was found to be illegal and unlawful and the management was directed to re-instate the workman, but without back-wages. The above writ petition was filed before this Court on 9/12/2020. The learned Single Judge at the admission stage itself has granted an interim order directing the stay of the operation and enforcement of the impugned Ext.P-3 award. Later, the respondent-workman has entered appearance through his learned counsel and has filed I.A No.1/2021 in the said W.P(C) No.27742/2020 stating that he has not been employed in any establishment, during the relevant period and that his last drawn wages at the time of his termination from service was Rs.8,500.00 p.m. and that he is statutorily entitled for getting wages in terms of the provisions contained in Sec.17-B of the Industrial Disputes Act, 1947. The said application filed by the workman for Sec.17B wages has been allowed by the learned Single Judge, as per the impugned order dtd. 22/11/2021 in I.A No.1/2021 filed by the respondent-workman in W.P(C) No.27742/2020. It is this interim order rendered by the learned Single Judge on 22/11/2021 granting Sec.17- B wages to the workman that is under challenge in the instant intra court appeal filed under Sec.5(i) of the Kerala High Court Act, at the instance of the writ petitioner-Management/employer.

(3.) Heard Sri.Enoch David Simon, learned Advocate instructed and assisted by Ms.Suzanne Kurian, learned counsel appearing for the appellant in the W.A/petitioner in the W.P(C), Sri.A.Jayasankar, learned counsel appearing for R2 in the W.A/R2 in the W.P(C) and Sri.Saigi Jacob Palatty, learned Senior Government Pleader appearing for R1 (State) in the W.A/R1 in the W.P(C).