SRI K. CHANDRAN Vs. N. GOPINATHA MENON,

JUDGEMENT

(1.) W .P.(C) No. 6756/07 is filed by the management in ID No. 110/96 before the Labour Court, Ernakulam challenging Ext.P10 award passed in that ID, by which the Labour Court directed payment of an amount of Rs. 70,000/ - as compensation in lieu of reinstatement of the workman involved in that ID, who is the 1st respondent herein, for unjust denial of employment to him. W.P.(C) No. 10683/09 is filed by the same management challenging the proceedings in CP No. 26/96 before the Labour Court, Ernakulam for enforcement of the award which is under challenge in W.P.(C) No. 6756/07. Since the fate of W.P.(C) No. 10683/09 depends on the result of W.P.(C) No. 6756/07, these two writ petitions are heard and disposed of together by this common judgment. The issues referred for adjudication in ID No. 110/96 were as follows:

(2.) IF not, what relief is entitled for?

(3.) BEFORE dealing with the contentions of the parties, I must remind myself of the legal position that this Court cannot re - appreciate evidence in an Industrial Dispute to come to a different conclusion than the one reached by the Labour Court unless such conclusion is perverse. Even if on the same evidence this Court would come to a different conclusion than the one reached by the Labour Court, that is not a ground for interference with an award under an Industrial Disputes Act in exercise of powers of this Court under Article 226 of the Constitution of India is the settled legal position.