The Manager,Chemoni Estates,Thrissur v. P.K.Kuttu,Tsr.,Industrial Tribunal,Pkd.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN THURSDAY, THE 16TH DAY OF JULY 2015/25TH ASHADHA, 1937 OP.No. 10029 of 2003 (R) ------------------------- PETITIONER(S):
-------------------------- THE MANAGER, CHEMONI ESTATE, PALAPPILLY P.O., THRISSUR BY ADVS.SRI.E.K.NANDAKUMAR SMT.PRIYA MAHESH SMT.PRIYA MANJOORAN RESPONDENT(S):
---------------------------- 1.
P.K.KUTTU, POTTENGAL VEEDU, PALAPPILLY PO, TRICHUR 2.
INDUSTRIAL TRIBUNAL, PALAKKAD R2 BY ADV. SOJAN JAMES, SENIOR GOVERNMENT PLEADER THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 16-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
O.P.NO.10029/2003 APPENDIX PETITIONER'S EXHIBITS:
P1 :
COPY OF THE REFERENCE ORDER ISSUED BY GOVERNMENT OF KERALA IN G.O.(RT) NO.2749/00LBR DATED 28.07.2000 P2 :
COPY OF THE COUNTER STATEMENT FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT P3 :
COPY OF THE AWARD PASSED BY THE 2ND RESPONDENT IN GAZETTE NO.50 DATED 17.12.2002 RESPONDENTS' EXHIBITS: N I L //TRUE COPY// P.A.TO JUDGE JV
ANIL K. NARENDRAN, J.
------------------------------- O.P. No.10029 of 2003 ---------------------------------------------- Dated this the 16th day of July, 2015
JUDGMENT
The petitioner, who is the Manager of Chemoni Estate has filed this original petition seeking a writ of certiorari to quash Ext.P3 award passed by the Industrial Tribunal, Palakkad in so far as the petitioner is directed to reinstate the 1st respondent workman into service with continuity of service.
2. On 24.06.2015, when this original petition was taken up for final hearing, the learned counsel for the petitioner submitted that during the pendency of this original petition, the 1st respondent retired from service on his request and all terminal benefits payable have already been disbursed to him. Then, the learned counsel for the 1st respondent sought time to get instructions and the matter was adjourned to 02.07.2015.
3. Today, when the case was taken up for final hearing, the learned counsel for the 1st respondent would submit that, the 1st respondent has already retired from service on his request after receiving all terminal benefits payable by the Management and
O.P.No.10029/2003 that he has no subsisting claim against the management. In such circumstances, this original petition is disposed of, recording the aforesaid submission made by the learned counsel for the 1st respondent and that the 1st respondent is not having any subsisting claim for reinstatement in terms of Ext.P3 award. SD/- ANIL K. NARENDRAN, JV JUDGE