IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL & THE HONOURABLE MR.JUSTICE K. V. JAYAKUMAR THURSDAY, THE 20TH DAY OF MARCH 2025 / 29TH PHALGUNA, 1946 WA NO. 407 OF 2025 AGAINST THE JUDGMENT DATED 03.02.2025 IN WP(C) NO.41222 OF 2023 OF HIGH COURT OF KERALA APPELLANTS/PETITIONERS IN W.P.(C): 1 THE SECRETARY KALPETTA SERVICE CO-OPERATIVE BANK, MYSORE ROAD, VYTHIRI, KALPETTA, PIN - 673121 2 THE PRESIDENT KALPETTA SERVICE CO-OPERATIVE BANK, MYSORE ROAD, VYTHIRI KALPETTA-673122 BY ADVS. M.GOPIKRISHNAN NAMBIAR K.JOHN MATHAI JOSON MANAVALAN KURYAN THOMAS PAULOSE C. ABRAHAM RAJA KANNAN SHILPI M.LAL RESPONDENTS/RESPONDENTS IN W.P.(C): 1 SMT. P.J. UDAYAKUMARI, CHITHRALAYAM, KARINKUTTY, KALPETTA P.O, PIN - 673122 2 THE LABOUR COURT, EDAPPALLY PARREL HIGHWAY, NEAR SUB JAIL, TALOP, KANNUR, PIN - 670002 WA NO. 407 OF 2025 -2- 2025:KER:28386 BY ADVS. P.T.MOHANKUMAR RAM MOHAN THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 20.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WA NO. 407 OF 2025 -3- 2025:KER:28386 JUDGMENT AMIT RAWAL , J. Respondent – workman had filed an industrial dispute before the Labour Court claiming two reliefs, reinstatement of service and backwages. Respondents in the aforementioned claim petition, i.e., the appellants herein and the petitioners before the writ court, moved an interim application for dismissal of the petition or in the alternative, treat the issue of maintainability as the preliminary issue on the ground that the respondent- workman had already been re-instated in September, 2012. The aforementioned application was dismissed vide order Ext.P7. Thereafter another application bearing No.59 of 2023 in I.D. No.4 of 2023 was filed almost on identical ground and the same was also dismissed. Against the preliminary orders of the Labour Court Ext.P7 and P11, writ petition was filed which has been dismissed by taking into consideration the various WA NO. 407 OF 2025 -4- 2025:KER:28386 judgments of the Hon’ble Supreme Court, particularly in Cooper Engineering Ltd v. P.P.Mundhe [AIR 1975 SC 1900]. All the issues whether preliminary or otherwise should be decided together. 2. Mr.Jayamohan, learned counsel appearing on behalf of the petitioners in the present intra court appeal submitted that as per the claim made by the respondent workman, there is no consequential relief except for abandonment of service. No purpose would be served in keeping the industrial dispute pending as the claim of the workman has already been satisfied on account of the reinstatement. Therefore, it would become a farcical exercise to conduct the trial in the industrial dispute. 3. On the other hand, Sri.P.T.Mohankumar, who is present in court on behalf of the respondent workman submitted that the reference in respect of the Claim made is couched in such a manner that it will also include consequential relief other than the reinstatement WA NO. 407 OF 2025 -5- 2025:KER:28386 and supported the findings rendered by the single bench and urged for dismissal of the writ appeal. 4. We have heard learned counsel for the parties and appraised the paper book. 5. No doubt there was a settlement that the workman was reinstated after having been denied the employment on account of abandonment of the service. After having attempted conciliation before the District Labour Officer, the following reference was made to the Labour Court. “ANNEXURE Whether the denial of employment Smt.P.J.Udayakumari, Head Clerk, Kalpetta Service Co-operative Bank, Kalpetta by the management is justifiable or not?. If not what relief she is entitled to get?” 6. The aforementioned reference is couched in such a manner that it would not only take the reinstatement in question but other reliefs also like WA NO. 407 OF 2025 -6- 2025:KER:28386 backwages and damages. In this view of the matter, we are in agreement with the findings of the learned Single Bench that even if there is a preliminary issue, it has to be decided with all the remaining issues. We do not find any illegality and perversity in the impugned judgment. Writ appeal stands dismissed. Sd/- AMIT RAWAL JUDGE Sd/- K. V. JAYAKUMAR JUDGE vv WA NO. 407 OF 2025 -7- 2025:KER:28386 APPENDIX OF WA 407/2025 PETITIONER EXHIBITS EXHIBIT P1 ENGLISH TRANSLATION OF EXHIBIT.P1, PRODUCED IN WRIT PETITION EXHIBIT P2 ENGLISH TRANSLATION OF EXHIBIT.P2, PRODUCED IN THE WRIT PETITION