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M/S.EXCEL GLASSES LIMITED versus THE PRESIDENT EXCEL GLASSES EMPLOYEES

High Court of Kerala

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M/S.EXCEL GLASSES LIMITED v. THE PRESIDENT EXCEL GLASSES EMPLOYEES - OP No. 6363 of 2003(G) [2007] RD-KL 3885 (21 February 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

OP No. 6363 of 2003(G)

1. M/S.EXCEL GLASSES LIMITED,
... Petitioner

Vs

1. THE PRESIDENT EXCEL GLASSES EMPLOYEES
... Respondent

2. SRI.K.S.MOHAN DAS, KATTUNGAL VEEDU,

3. SRI.E.JOSEPH, THYKUTTIL HOUSE,

4. SRI.C.THOMAS, CHAKKUPARAMBU HOUSE,

5. SRI.T.G.RADHAKRISHNAN, DEVI NIVAS,

6. THE INUDUSTRIAL TRIBUNAL, ALAPPUZHA.

7. STATE OF KERALA, REPRESENTED BY

For Petitioner :SRI.K.A.ABRAHAM

For Respondent :SRI.C.K.SAJEEV

The Hon'ble MR. Justice ANTONY DOMINIC

Dated :21/02/2007

O R D E R

Antony Dominic, J.


===============
O.P.No.6363 of 2003
=================

Dated this the 21st day of February, 2007.



JUDGMENT

This Writ Petition has been filed by the Management challenging Ext.P7 award rendered by the Industrial Tribunal, Alappuzha holding that four workers involved in the dispute should be deemed to be the workmen of the Management. On that basis, award has been rendered that until their services are dispensed with in terms of the provisions of the Industrial Disputes Act, they would be deemed to be in the service of the Company. It is also ordered that they will be entitled to monetary benefits for the period during which they were kept out of service.

2. During the hearing of the case, it has been agreed by the Management that they are willing to re-employee the workmen and accommodate them in alternative places, since the work which they were doing is no longer available. It is also offered that in full satisfaction of the monetary benefits ordered in the award, each of the workmen will be paid a consolidated amount of Rs.35,000/-. This suggestion is accepted by Shri.P.N.Madhusoodanan, counsel for the OP 6363/03 -: 2 :- workmen.

2. In view of the agreement between the parties as noted above, this Original Petition is disposed of in terms thereof and the award will stand modified as per the agreed terms. The Management will implement the terms agreed by them as noted above, within a period of one month from the date of receipt of a copy of this judgment. Original Petition is disposed of. No costs. Antony Dominic Judge. ess 21/2


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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