EXECUTIVE ENGINEER Vs. SECRETARY, MALAMPUZHA IRRIGATION THOZHILALI UNION

JUDGEMENT

(1.) The Petitioner is challenging Ext.P3 Award of the Industrial Tribunal, Palakkad, in favour of twenty numbers of Workmen in I.D. No.10/2014 (Old No.48/1995). The Petitioner is the Executive Engineer, Irrigation Division, Malampuzha Dam of the State Government. The Petitioner is the Management in I.D. No.10/2014. The Respondent No.1 is the Trade Union which represented the Respondents Nos.2 to 21/Workmen in I.D. No.10/2014 before the Industrial Tribunal. Respondent No.5 died during the pendency of the Writ Petition, and the Additional Respondent Nos.22 to 24 were impleaded as his legal representatives.

(2.) The issue referred for adjudication to the Tribunal was whether the denial of permanency of the employment to the Workmen who were the garden workers of Malampuzha Dam is justifiable or not.

(3.) Since the Management did not appear before the Tribunal, the Tribunal passed an ex parte Award dtd. 9/1/1997 in favour of the Workmen. The Management filed O.P. No.35899/2001 challenging the said ex parte Award, and this Court passed Ext.P1 judgment dtd. 11/11/2013 setting aside the ex parte Award dtd. 9/1/1997 and remitted the I.D. back to the Tribunal for fresh consideration.