V.M. VINU Vs. STATE OF KERALA

JUDGEMENT

(1.) W.P.(C) No.14042/2022 has been filed by the petitioners seeking to quash Ext.P8 Award dtd. 6/1/2022 in ID No.46/2018 of Labour Court, Ernakulam. W.P.(C) No.3686/2023 has been filed by the petitioner who is a Toddy Shop worker, seeking to quash the same Award to the extent the management is held not liable to pay backwages or other benefits to the petitioner.

(2.) The parties to the writ petitions and the exhibits marked are referred to in this judgment as they are arrayed/marked in W.P.(C) No.14042/2022, for convenience. The 2nd respondent-workman raised an industrial dispute aggrieved by the alleged denial of employment by the petitioners in TS No.107, Muthappan Liquors, Anthikkad Range, Thrissur. The 2nd respondent filed Ext.P3 Claim Statement alleging that she has been working in the Toddy Shop for long, under various contractors and even the petitioners permitted the 2nd respondent to work in the Toddy Shop in April and May of 2014. The petitioners denied employment to the 2nd respondent on and from 1/6/2014. The 2nd respondent claimed that she has been drawing a monthly salary of Rs.13,154.00 and is entitled to payment of arrears of wages of Rs.6,84,008.00.

(3.) The 2nd respondent alleged that she has been denied employment holding that women cannot be workers in a Toddy Shops. The 2nd respondent sought for a direction to continue to work in the Toddy Shop and for payment of Rs.6,84,008.00. The petitioners filed Ext.P4 objection contending that the petitioners cannot employ the 2nd respondent in the Toddy Shop in view of Condition No.37 of Ext.P1 licence.