G SURENDRAN Vs. STATE OF KERALA

JUDGEMENT

(1.) THE petitioners were employees of the establishment M/s. Brothers Pharmaceuticals, Navaikulam and the employees were laid off prior to 1990. THE employees approached theLabour Court, Kollam, by filing a claim under Sec. 33c (2) of the Industrial Disputes Act. THE Labour Court passed Ext. P1 awarddirecting the management to pay amounts due to the workers. Ext. P1 award had not been challenged or modified and had become final. Later the workers filed op 17164/01 before this court for directing the State to take appropriate steps for implementing Ext. P1 order of the Labour court. By Ext. P2 judgment this court directed the District Labour officer to take appropriate steps for enforcing the award. In the meantime the state proceeded against the assets of the employer viz. M/s. Brothers pharmaceuticals, Navaikulam, for arrears of salestax. Again the employees approached this court and filed OP 27395/99 for staying the above proceedings initiated by the State. This court by order dt. 4. 11. 99 in CMP 46443/99 permitted the State to proceed with the sale, but the appropriation of the amount was directed to be subject to the further orders of this court. THE state had already sold the properties and the proceeds were with the state. Both these original petitions were filed by the employees who had been laid off by the employer M/s. Brothers Pharmaceuticals, Navaikulam, for implementing the award passed by the Labour Court in claim petition No. 49/90 dt. 10. 6. 91 (Ext. P1 in OP 21158/03 ).

(2.) HEARD the learned counsel for the petitioners and the learned Govt. Pleader.