BISHOP JEROME TRUST Vs. SIJI VARGHESE

JUDGEMENT

(1.) This appeal arises from the order dated 8.6.2018 passed by the learned single Judge in I.A. No. 3835 of 2018 in W.P(C) No. 38906 of 2017. The sum and substance of the case is that the service of the first respondent/workman was put to an end pursuant to the disciplinary proceedings taken against him. This was sought to be challenged in I.D.No.91/2013 before the Labour Court, Kollam. On conclusion of the trial, Ext.P10 Award was passed, whereby the first respondent/workman was ordered to be reinstated in service, with consequential direction to grant the attendant benefits and continuity of service, which was sought to be challenged by filing W.P.(C) No.38906/2017.

(2.) During the pendency of the above proceedings, the first respondent filed I.A. No.3835/2018 seeking for the benefits of Section 17B of the Industrial Disputes Act with a supporting affidavit to the effect that he was not employed in any establishment. The claim was sought to be resisted by the appellant/management stating that the petitioner was running a 'dance school' and hence the petitioner in the I.A. was not entitled to have any relief. The deposition given by the first respondent before the Labour Court was sought to be relied on, which, however, was sought be rebutted by the first respondent producing a 'legible copy' of the very same deposition, adding that he had never conceded before the Labour Court that he was running a 'dance school' and that his wife alone was taking the dance classes; more so since he admittedly was an 'electrician' under the management. After hearing both the sides, the learned single Judge passed an order on 8.6.2018 holding that the petitioner in the I.A. was entitled to get the benefit of Section 17B. It was also noted that there was no dispute with regard to the last drawn wages. ie. Rs. 8,874/- per month. Direction was given to satisfy the benefit from the date of institution of the writ petition. This, in turn, is under challenge in this appeal, pointing out that the direction given by the learned single Judge is contrary to the mandate of Section 17B of the Industrial Disputes Act.

(3.) Heard both the sides.