CHACKO Vs. STATE OF KERALA

JUDGEMENT

(1.) PETITIONERS, two in number, were Abkari contractors. First petitioner bid in auction certain arrack shops during the financial year 1982-83. He had respondents 3 to 24 under his employment during that period. On expiry of his licence, he ceased to have any connection whatsoever with the shop on March 31, 1983. Respondents 3 to 24 approached Labour Court, Kollam invoking the provisions under Section 33c (2) of the Industrial Disputes Act claiming retrenchment compensation and notice pay. Their petition was entertained as C. P. 7/1985. Labour Court allowed that petition and directed first petitioner herein to pay a sum of Rs. 693/- each to respondents 3 to 24. The total amount payable by the first petitioner comes to Rs. 15,246/ -.

(2.) SECOND petitioner was the licensee of certain arrack shops during the Abkari year 1983-84. Respondents 3 to 14 were workers under him. On the expiry of the period of licence, second petitioner ceased to have any connection whatsoever with the shops with effect from March 31, 1984. Respondents 3 to 14 raised a contention that they were retrenched from service with effect from April 1, 1984 and that they are entitled to notice pay and retrenchment compensation. Forgetting this claim, they moved the Labour Court, Kollam by filing CP. 6/1985 invoking the provisions of Section 33c (2) of the Industrial Disputes Act. Labour Court allowed the claim and directed second petitioner to pay a sum of Rs. 822/- each to respondents 3 to 14. The total amount payable by the second petitioner comes to Rs. 9,864/ -.

(3.) LABOUR Court, Kollam disposed of CP. 6/1985 and CP. 7/1985 by Ext. P5 common order dated October 19, 1987. This order is under challenge.