HC asks Kerala House to pay Rs 2.5L for sacking employees

Sunday, April 22,2012 : The Kerala House here has been ordered by the Delhi High Court to pay Rs 2.5 lakh each as compensation to two of its former employees for sacking them without any notice.
A bench of acting Chief Justice A K Sikri and Justice Rajiv Sahai Endlaw gave the order, dismissing the Kerala House appeal against a labour court ruling, holding the termination of its two workmen as illegal and ordering their reinstatement with continuity in service and full back wages.
“The two workmen (Sanjay Kumar and Mangal Singh) had rendered nine and eight years of services respectively before their services were terminated. The appellant has not justified their termination on any ground whatsoever.
“Therefore, this kind of termination would be illegal. To that extent, award of the labour court holding the termination as illegal is sustained, though on different grounds,” the bench held.
Kerala House had challenged the labour court’s award on the sole ground that it had no jurisdiction as the Kerala Public Services Act (KPSA), 1968, deals with the recruitment and conditions of service of persons in connection with the affairs of the State of Kerala.
The bench, however, rejected the contention ruling that that the labour court did have the jurisdiction and added that as Kerala House had not contended before the the labour court that it did not have the jurisdiction, its award cannot be interfered with.
“Thus, once we find that the award of the labour court is not without jurisdiction and no such foundation was laid before the labour court, it is difficult to interfere with the award passed by the labour court.