KUTTAN T. Vs. INDUSTRIAL TRIBUNAL, PALAKKADU

JUDGEMENT

(1.) THE petitioners raised separate claims of denial of employment before the appropriate Government, reference of which were made and answered by the Industrial Tribunal, Palakkad in two separate awards, being Exhibits P1 and P2.

(2.) THIS Court is not entering into the issue of, whether a single writ petition could have been maintained against two awards passed by the Tribunal in the case of two different individuals; the cause of action of which also were distinct, though the subject matter was denial of employment. In any event, the writ petition having been kept pending for so many years, it is not proper for this Court to dismiss the same on the said ground. Necessarily, the claims have to be considered separately by this Court.

(3.) THE Tribunal found that apart from the testimony of the workman as WW -1, one another witness on the side of the management also, examined as MW -3, claimed to have seen the 1st petitioner working in the tea shop. The Tribunal, however, noticed that though the 1st petitioner would have worked in the tea shop of the management, there is no convincing evidence to substantiate the continuous employment of 36 years as claimed by the workman. The documents produced by the management was the registration certificate issued under the Shops and Commercial Establishments Act, which indicated that the shop was conducted by one Ajayakumar and one Vasudevan, of which only the 1st person [Ajayakumar] was impleaded before the Tribunal, being the 3rd management. In the context of there being no satisfactory evidence to show that the workman had rendered 36 years service with the management and evidence being absent as to the wages received by him, the Tribunal thought it fit to dispose of the claim with the award of compensation alone. The 1st petitioner was also aged 55 years, disentitling him from any order of reinstatement. A compensation of Rs.15,000/ - (Rupees fifteen thousand only) was granted to the 1st petitioner.