Dated this the 9th day of July, 2026
1. The Petitioners have filed this Writ Petition challenging
Ext.P4 Common Order passed by the Labour Court, Kollam,
dismissing Claim Petitions Nos.32/1995 and 29/2000 under
Section 33- C(2) of the Industrial Disputes Act, 1947
(hereinafter referred to as the ‘ID Act’).
2. The Petitioners are the legal heirs of Sri. P.M. Varghese
who was the Workman of the Respondent No.2/Estate of
Harrisons Malayalam Ltd. He was dismissed from service
w.e.f. 30.07.1988 by the Respondent No.2. The Workman
raised I.D. No. 31/1989 and the same was adjudicated by
the Industrial Tribunal, Kollam, and the Industrial Tribunal,
Kollam, passed Ext.P1 Award dated 28.04.1990 directing the
Respondent No.2/Management to reinstate the Workman as
tapper in the service of the Respondent No.2/Management
without back wages and other benefits but with continuity of
2026:KER:50012
service. Ext.P1 Award was published on 08.05.1990. The
Workman filed C.P. Nos.32/1995 and 29/2000 claiming
wages, bonus, leave wages and compensation for losses
and hardship and interest totalling Rs.1,25,416/- and
Rs.1,60,802/- respectively. C.P.No.32/1995 was for the
period from 03.06.1992 to 31.05.1995 and C.P.No.29/2000
was for the period from 01.01.1996 to 31.03.2000. The said
Claim Petitions were filed alleging that the Respondent No.2
refused to reinstate the Workman in compliance with Ext.P1
Award. The said Claim Petitions were dismissed by the
Labour Court, Kollam, as per Ext.P2 Common Order dated
22.11.2004. This Court set aside Ext.P2 Common Order as
per Ext.P3 judgment in W.P.(C) No.8401/2005 filed by the
Workman, holding that the Labour Court did not consider the
points raised by the Workman. During the pendency of
W.P.(C) No.8401/2005, the Workman died on 04.10.2007
and the Petitioners were impleaded as the additional
2026:KER:50012
Petitioners in W.P.(C) No.8401/2005. The Petitioners were
also impleaded in the aforesaid two Claim Petitions as
Addl.Petitioners. The Labour Court by Ext.P4 Common
Order dismissed both the Claim Petitions holding that there
is no evidence to prove the contention of the Workman that,
immediately after his release from jail in May 1991, he
approached Respondent No.2 with a request to take him
back in service in compliance with the direction in Ext.P1
Award and that the Workman offered his readiness to join
the service of the Management through his Union after about
three years when only a few months remained for his
superannuation. Thereupon, the Petitioners have filed the
present Writ Petition challenging the Ext.P4 Common Order.
