WA Nos. 888, 757, 819, 820, 868, 870, 873, 874, 875 & 884 of 2022, In the High Court of Kerala at Ernakulam

WA Nos.888, 757, 819, 820, 868, 870, 873, 874, 875 & 884 of 2022 1 # **IN THE HIGH COURT OF KERALA AT ERNAKULAM** # **PRESENT THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR** **&** **THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P. MONDAY, THE 29[TH] DAY OF AUGUST 2022 / 7TH BHADRA, 1944** **WA NO. 888 OF 2022** **AGAINST THE JUDGMENT IN WP(C) 28501/2021 OF HIGH COURT OF** ## **KERALA** ## **APPELLANT/IST RESPONDENT:** RAJENDRAN NAIR,AGED 50 YEARS S/O.APPUKUTTAN NAIR, KERA 121, MAVARATHALA VEEDU, KANJIRAMPARA P.O., THIRUVANANTHAPURAM, PIN-695 030. BY ADVS. THOMAS ABRAHAM MERCIAMMA MATHEW ASWIN.P.JOHN R.ANANTHAPADMANABAN PAUL BABY ## **RESPONDENTS/PETITIONERS AND 2ND RESPONDENT:** 1 THE AIRPORTS AUTHORITY OF INDIA, RAJIV GANDHI BHAVAN, SAFDARJUNG ROAD, NEW DELHI-110 003, REPRESENTED BY ITS CHAIRMAN. 2 THE AIRPORT DIRECTOR, AIRPORTS AUTHORITY OF INDIA, TRIVANDRUM INTERNATIONAL AIRPORT, VALLAKADAVU P.O., TRIVANDRUM-695 008. 3 THE DEPUTY CHIEF LABOUR COMMISSIONER (C), OFFICE OF THE DEPUTY CHIEF LABOUR COMMISSIONER (C), III MAIN, III CROSS, II PHASE, TUMKUR ROAD, DASHWANTHPUR, BANGALORE-500 022. BY ADVS. V.SANTHARAM SRI.MANU S., ASG OF INDIA THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 29.08.2022, ALONG WITH WA.875/2022, 873/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WA Nos.888, 757, 819, 820, 868, 870, 873, 874, 875 & 884 of 2022 2 # **IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR** **&** **THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.** **MONDAY, THE 29[TH] DAY OF AUGUST 2022 / 7TH BHADRA, 1944** **WA NO. 875 OF 2022** **AGAINST THE JUDGMENT IN WP(C) 28533/2021 OF HIGH COURT OF** **KERALA** ## **APPELLANT/IST RESPONDENT:** BENNY JOHN, AGED 52 YEARS S/O. M.G.YOHANNAN, VILAYIL VEEDU, MAMPALLI KUNNAM, CHATHANNOOR P.O., KOLLAM-691 572 BY ADVS. THOMAS ABRAHAM MERCIAMMA MATHEW PAUL BABY ASWIN.P.JOHN R.ANANTHAPADMANABAN ## **RESPONDENTS/PETITIONERS AND 2ND RESPONDENT:** 1 THE AIRPORTS AUTHORITY OF INDIA RAJIV GANDHI BHAVAN, SAFDARJUNG ROAD, NEW DELHI-110003 REPRESENTED BY ITS CHAIRMAN 2 THE AIRPORT DIRECTOR, AIRPORTS AUTHORITY OF INDIA, TRIVANDRUM INTERNATIONAL AIRPORT, VALLAKADAVU P.O., TRIVANDRUM-695008 3 THE DEPUTY CHIEF LABOUR COMMISSIONER (C), OFFICE OF THE DEPUTY CHIEF LABOUR COMMISSIONER (C), III MAIN, III CROSS, II PHASE, TUMKUR ROAD, VASHWANTHPUR, BANGALORE-500022. BY ADVS. V.SANTHARAM SRI.MANU S., ASG OF INDIA THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 29.08.2022, ALONG WITH WA.888/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WA Nos.888, 757, 819, 820, 868, 870, 873, 874, 875 & 884 of 2022 3 # **IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR** **&** **THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.** **MONDAY, THE 29[TH] DAY OF AUGUST 2022 / 7TH BHADRA, 1944** **WA NO. 873 OF 2022** **AGAINST THE JUDGMENT IN WP(C) 28603/2021 OF HIGH COURT OF** **KERALA** ## **APPELLANT/IST RESPONDENT:** VIJAYADAS.K. ,AGED 51 YEARS S/O KARTHIKEYAN, KOMALA VILASAM, DALAVAPURAM, NEENDAKARA P.O., KOLLAM -691582. BY ADVS. THOMAS ABRAHAM MERCIAMMA MATHEW ASWIN.P.JOHN R.ANANTHAPADMANABAN PAUL BABY ## **- RESPONDENTS PETITIONERS AND 2ND RESPONDENT:** 1 THE AIRPORTS AUTHORITY OF INDIA RAJIV GANDHI BHAVAN, SAFDARJUNG ROAD, NEW DELHI-110003, REPRESENTED BY ITS CHAIRMAN. 2 THE AIRPORT DIRECTOR, AIRPORTS AUTHORITY OF INDIA, TRIVANDRUM INTERNATIONAL AIRPORT, VALLAKADAVU P.O., TRIVANDRUM-695008. 3 THE DEPUTY CHIEF LABOUR COMMISSIONER (C), OFFICE OF THE DEPUTY CHIEF LABOUR COMMISSIONER (C), III MAIN, III CROSS, II PHASE, TUMKUR ROAD, VASHWANTHPUR, BANGALORE-500022. BY ADVS. V.SANTHARAM SRI.MANU S., ASG OF INDIA THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 29.08.2022, ALONG WITH WA.888/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WA Nos.888, 757, 819, 820, 868, 870, 873, 874, 875 & 884 of 2022 4 # **IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR** **&** **THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.** **MONDAY, THE 29[TH] DAY OF AUGUST 2022 / 7TH BHADRA, 1944 WA NO. 884 OF 2022** **AGAINST THE JUDGMENT IN WP(C) 28594/2021 OF HIGH COURT OF** ## **KERALA** ## **APPELLANT/IST RESPONDENT:** VINOD N., AGED 46 YEARS,S/O.V.NARAYANAPILLAI, RESIDING AT SREE NANDANAM, MENAMKULAYAM, KAZHAKOOTTAM, THIRUVANANTHAPURAM, PIN - 695 582. BY ADVS. THOMAS ABRAHAM MERCIAMMA MATHEW ASWIN.P.JOHN R.ANANTHAPADMANABAN PAUL BABY ## **RESPONDENTS/PETITIONERS AND 2ND RESPONDENT:** 1 THE AIRPORTS AUTHORITY OF INDIA RAJIV GANDHI BHAVAN, SAFDARJUNG ROAD, NEW DELHI - 110 003 REPRESENTED BY ITS CHAIRMAN. 2 THE AIRPORT DIRECTOR AIRPORTS, AUTHORITY OF INDIA, TRIVANDRUM INTERNATIONAL AIRPORT, VALLAKADAVU P.O., TRIVANDRUM - 695 008. 3 THE DEPUTY CHIEF LABOUR COMMISSIONER (C) OFFICE OF THE DEPUTY CHIEF LABOUR COMMISSIONER (C), III MAIN, III CROSS, II PHASE, TUMKUR ROAD, VASHWANTHPUR, BANGALORE - 500 022. BY ADVS. V.SANTHARAM SRI.MANU S., ASG OF INDIA THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 29.08.2022, ALONG WITH WA.888/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WA Nos.888, 757, 819, 820, 868, 870, 873, 874, 875 & 884 of 2022 5 # **IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR** **&** **THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.** **MONDAY, THE 29[TH] DAY OF AUGUST 2022 / 7TH BHADRA, 1944 WA NO. 868 OF 2022** **AGAINST THE JUDGMENT IN WP(C) 28565/2021 OF HIGH COURT OF** **KERALA** ## **APPELLANT/IST RESPONDENT:** RAJESH A.,S/O.APPU S.,AGED 44 YEARS, KONNAKKATTUVIL,NEDIYASALA,ARUMANA P.O., KANYAKUMARI DISTRICT,PIN-62151. BY ADVS. THOMAS ABRAHAM MERCIAMMA MATHEW ASWIN.P.JOHN R.ANANTHAPADMANABAN PAUL BABY ## **RESPONDENTSPETITIONERS AND 2ND RESPONDENT:** 1 THE AIRPORTS AUTHORITY OF INDIA, RAJIV GANDHI BHAVAN,SAFDARJUNG ROAD, NEW DELHI-110003,REPRESENTED BY ITS CHAIRMAN. 2 THE AIRPORT DIRECTOR, AIRPORTS AUTHORITY OF INDIA,TRIVANDRUM INTERNATIONAL AIRPORT,VALLAKADAVU P.O.,TRIVANDRUM-500022. 3 THE DEPUTY CHIEF LABOUR COMMISSIONER (C), OFFICE OF THE DEPUTY CHIEF LABOUR COMMISSIONER (C), III MAIN,III CROSS,II PHASE,TUMKUR ROAD,VASHWANTHPUR,BANGALORE-500022. BY ADVS. V.SANTHARAM SRI.MANU S., ASG OF INDIA THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 29.08.2022, ALONG WITH WA.888/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WA Nos.888, 757, 819, 820, 868, 870, 873, 874, 875 & 884 of 2022 6 # **IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR** **&** **THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.** **MONDAY, THE 29[TH] DAY OF AUGUST 2022 / 7TH BHADRA, 1944 WA NO. 819 OF 2022** **AGAINST THE JUDGMENT IN WP(C) 28516/2021 OF HIGH COURT OF** **KERALA** ## **APPELLANT/IST RESPONDENT:** REJITH KUMAR.K., AGED 50 YEARS S/O. KUNJUKRISHNAN NAIR, KRISHNA KRIPA, PARAPACHAMVILA, KALADY, KARAMANA P.O., PIN-695 002 BY ADVS. THOMAS ABRAHAM MERCIAMMA MATHEW ASWIN.P.JOHN THAYYIB SHA P.S. ## **RESPONDENTS/PETITIONERS AND 2ND RESPONDENT:** 1 AIRPORTS AUTHORITY OF INDIA RAJIV GANDHI BHAVAN, SAFDARJUNG ROAD, NEW DELHI-110 003, REPRESENTED BY ITS CHAIRMAN 2 THE AIRPORT DIRECTOR, AIRPORTS AUTHORITY OF INDIA, TRIVANDRUM INTERNATIONAL AIRPORT, VALLAKADAVU POST, TRIVANDRUM-695 008 3 THE DEPUTY CHIEF LABOUR COMMISSIONER (C), OFFICE OF THE DEPUTY CHIEF LABOUR COMMISSIONER (C), III MAIN III CROSS, II PHASE, TUMKUR ROAD, VASHWANTHPUR, BANGALORE-500 022 BY ADVS. V.SANTHARAM SRI.MANU S., ASG OF INDIA THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 29.08.2022, ALONG WITH WA.888/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WA Nos.888, 757, 819, 820, 868, 870, 873, 874, 875 & 884 of 2022 7 # **IN THE HIGH COURT OF KERALA AT ERNAKULAM** # **PRESENT THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR** **&** **THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P. MONDAY, THE 29[TH] DAY OF AUGUST 2022 / 7TH BHADRA, 1944** **WA NO. 820 OF 2022** **AGAINST THE JUDGMENT IN WP(C) 28601/2021 OF HIGH COURT OF** **KERALA** ## **APPELLANT/IST RESPONDENT:** JOYSON, AGED 49 YEARS S/O. L. MATHAI, PEEDIKAVILAKOM HOUSE, KARAMCODU P.O, KOLLAM - 691579. BY ADVS. THOMAS ABRAHAM MERCIAMMA MATHEW ASWIN.P.JOHN R.ANANTHAPADMANABAN THAYYIB SHA P.S. PAUL BABY ## **RESPONDENTS/PETITIONERS AND 2ND RESPONDENT:** 1 AIRPORTS AUTHORITY OF INDIA RAJIV GANDHI BHAVAN, SAFDARJUNG ROAD, NEW DELHI - 110003, REPRESENTED BY ITS CHAIRMAN. 2 THE AIRPORT DIRECTOR, AIRPORTS AUTHORITY OF INDIA, TRIVANDRUM INTERNATIONAL AIRPORT, VALLAKADAVU P.O, TRIVANDRUM - 695008. 3 THE DEPUTY CHIEF LABOUR COMMISSIONER(C) OFFICE OF THE DEPUTY CHIEF LABOUR COMMISSIONER(C), III MAIN, III CROSS, II PHASE, TUMKUR ROAD, VASHWANTHUR, BANGALORE - 500022. BY ADVS. V.SANTHARAM SRI.MANU S., ASG OF INDIA THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 29.08.2022, ALONG WITH WA.888/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WA Nos.888, 757, 819, 820, 868, 870, 873, 874, 875 & 884 of 2022 8 **IN THE HIGH COURT OF KERALA AT ERNAKULAM** # **PRESENT THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR** **&** **THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P. MONDAY, THE 29[TH] DAY OF AUGUST 2022 / 7TH BHADRA, 1944** **WA NO. 870 OF 2022** **AGAINST THE JUDGMENT IN WP(C) 28582/2021 OF HIGH COURT OF** ## **KERALA** ## **APPELLANT/IST RESPONDENT:** CHRISTOPHER M.D.,AGED 52 YEARS S/O.DAIVADANAM MANOHARAM, PALLIVILAVEEDU, MAYPURAM,PARASUVAYKKAL P.O..PARASALA, THIRUVANANTHAPURAM,PIN-695502. BY ADVS. THOMAS ABRAHAM MERCIAMMA MATHEW ASWIN.P.JOHN R.ANANTHAPADMANABAN PAUL BABY ## **RESPONDENTS/PETITIONERS AND 2ND RESPONDENT:** 1 THE AIRPORTS AUTHORITY OF INDIA, RAJIV GANDHI BHAVAN,SAFDARJUNG ROAD, NEW DELHI-11003.REPRESENTED BY ITS CHAIRMAN. 2 THE AIRPORT DIRECTOR, AIRPORTS AUTHORITY OF INDIA,TRIVANDRUM INTERNATIONAL AIRPORT,VALLAKADAVU P.O.,TRIVANDRUM-695008. 3 THE DEPUTY CHIEF LABOUR COMMISSIONER (C), OFFICE OF THE DEPUTY CHIEF LABOUR COMMISSIONER (C), III MAIN,III CROSS,II PHASE, TUMKUR ROAD, VASHWANTHPUR,BANGALORE-500022. BY ADVS. V.SANTHARAM SRI.MANU S., ASG OF INDIA THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 29.08.2022, ALONG WITH WA.888/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WA Nos.888, 757, 819, 820, 868, 870, 873, 874, 875 & 884 of 2022 9 **IN THE HIGH COURT OF KERALA AT ERNAKULAM** # **PRESENT THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR** **&** **THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P. MONDAY, THE 29[TH] DAY OF AUGUST 2022 / 7TH BHADRA, 1944** **WA NO. 757 OF 2022** **AGAINST THE JUDGMENT IN WP(C) 28532/2021 OF HIGH COURT OF** **KERALA** ## **APPELLANT/IST RESPONDENT:** JOSE ANTONY,S/O. K.R. ANTONY, PULICHANI PADINJATTATHIL, KUMBALAM P.O, MULAVANA VIA, KUNDARA, KOLLAM, PIN - 691503. BY ADVS. THOMAS ABRAHAM MERCIAMMA MATHEW ASWIN.P.JOHN R.ANANTHAPADMANABAN PAUL BABY ## **RESPONDENTS/PETITIONERS AND 2ND RESPONDENT:** 1 AIRPORTS AUTHORITY OF INDIA REJIV GANDHI BHAVAN, SAFADRJUNG ROAD, NEW DELHI - 110003, REPRESENTED BY ITS CHAIRMAN. 2 THE AIRPORT DIRECTOR, AIRPORTS AUTHORITY OF INDIA, TRIVANDRUM INTERNATIONAL AIRPORT, VALLAKADAVU P.O, TRIVANDRUM - 695008. 3 THE DEPUTY CHIEF LABOUR COMMISSIONER(C), OFFICE OF THE DEPUTY CHIEF LABOUR COMMISSIONER(C), III MAIN, III CROSS, II PHASE, TUMKUR ROAD, VASHWANTHPUR, BANGALORE - 500022. BY ADVS. Adv.SISHOY P.S(B/O) V.SANTHARAM SRI.MANU S., ASG OF INDIA N.N.SUGUNAPALAN (SR.) THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 29.08.2022, ALONG WITH WA.888/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WA Nos.888, 757, 819, 820, 868, 870, 873, 874, 875 & 884 of 2022 10 **IN THE HIGH COURT OF KERALA AT ERNAKULAM** # **PRESENT THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR** **&** **THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P. MONDAY, THE 29[TH] DAY OF AUGUST 2022 / 7TH BHADRA, 1944** **WA NO. 874 OF 2022** **AGAINST THE JUDGMENTIN WP(C) 28588/2021 OF HIGH COURT OF** ## **KERALA** ## **APPELLANT/IST RESPONDENT:** SAM JOSE B,AGED 57 YEARS S/O. ELIASH.S., USHAS, NEAR BETHEL GIRI CSI CHURCH, CHRIYAKUNNU, THIRUVANANTHAPURAM ,PIN-695 013 BY ADVS. THOMAS ABRAHAM MERCIAMMA MATHEW ASWIN.P.JOHN R.ANANTHAPADMANABAN PAUL BABY ## **RESPONDENTS/PETITIONERS AND 2ND RESPONDENT:** 1 THE AIRPORTS AUTHORITY OF INDIA RAJIV GANDHI BHAVAN, SAFDARJUNG ROAD, NEW DELHI-110003 REPRESENTED BY ITS CHAIRMAN 2 THE AIRPORT DIRECTOR, AIRPORTS AUTHORITY OF INDIA, TRIVANDRUM INTERNATIONAL AIRPORT, VALLAKADAVU P.O., TRIVANDRUM-695008 3 THE DEPUTY CHIEF LABOUR COMMISSIONER (C), OFFICE OF THE DEPUTY CHIEF LABOUR COMMISSIONER (C), III MAIN, III CROSS, II PHASE, TUMKUR ROAD, VASHWANTHPUR, BANGALORE-500022. BY ADVS. V.SANTHARAM SRI.MANU S., ASG OF INDIA THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 29.08.2022, ALONG WITH WA.888/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WA Nos.888, 757, 819, 820, 868, 870, 873, 874, 875 & 884 of 2022 11 ## **A.K.JAYASANKARAN NAMBIAR & MOHAMMED NIAS C.P., JJ** **-----------------------------------------** WA Nos.888, 757, 819, 820, 868, 870, 873, 874, 875 & 884 of 2022 -------------------------------------------Dated this the 29[th] day of August 2022 ## **JUDGMENT** ## A.K.Jayasankaran Nambiar.J All these writ appeals are preferred by persons who are stated to have been employed through a contractor for work under the Airport Authority of India at Thiruvananthapuram International Airport. They were respondents in the various writ petitions that came to be disposed by the common judgment dated 25.2.2022 of a learned single Judge . 2. The brief facts necessary for the disposal of the writ appeals are as follows:- The writ petitions were filed by the Airport Aithority of India and its Airport Director, Thiruvananthapuram, impugning the order dated 3.6.2021 of the Central Government Industrial Tribunal cum Labour Court, Ernakulam deciding the preliminary issue of maintainability of the claim petitions preferred for wage arrears based on the order dated 30.4.2001 passed by the authority under Rule 25(2)(v)(a) and (b) of the Contract Labour (Regulation & Abolition) Central Rules, 1971 (for short 'the Act') and the Deputy Chief Labour Commissioner (Central), Bangalore. By the last WA Nos.888, 757, 819, 820, 868, 870, 873, 874, 875 & 884 of 2022 12 mentioned order, the authority had determined the wages payable to the contract workmen for the period from 1.9.1999 onwards by recognising the Airport Authority of India as the principal employer in relation to the contract workmen who had been engaged though a contractor. It would appear that the said order dated 30.04.2001 was challenged before this Court in OP No.20221 of 2001, which was dismissed by Ext.P3 judgment dated 27.4.2004. The appeal preferred against the said judgment also came to be dismissed through Ext.P4 judgment dated 22.12.2015. The SLP preferred against that judgment was also dismissed on 11.7.2016. It was thereafter that the claim petitions were filed in 2017 seeking the benefits confirmed in favour of the workmen by the order dated 30.4.2001 of the Deputy Chief Labour Commissioner under the Act . 3. The Central Government Industrial Tribunal cum Labour Court, Ernakulam that considered the claim petitions took note of the contentions raised on behalf of the Airport Authority of India that the issue of maintainability of the claim petitions had to be considered as a preliminary issue before proceeding with the determination of the amounts payable to the workmen as raised in the claim petitions. After considering the rival submissions the Tribunal by Ext.P9 order found that the claim petitions were indeed maintainable before the Tribunal and that all other issues raised by the Airport Authority such as whether the principal employer was liable only for wage arrears upto a particular period, the liability of the contractor and adequacy of evidence etc. were issues to be decided in the process of WA Nos.888, 757, 819, 820, 868, 870, 873, 874, 875 & 884 of 2022 **==> picture [13 x 8] intentionally omitted <==** quantification of the amounts due to the workers. In essence, the Tribunal decided that the claim petitions were maintainable and intended thereafter to proceed to quantify the amounts due to the workmen before it consequent to the determination of wages by the authority concerned under Ext.P2 order dated 30.4.2001 and based on the evidence available before it for determining the claim of the workmen for the period after 30.4.2021 and till such time as they were in the services under the Airport Authority. The order of the Tribunal deciding the issue of maintainability in favour of the workmen, was impugned before this Court in the writ petitions aforementioned. 4. The learned single Judge who considered the writ petitions, while effectively dismissing the writ petitions and relegating the matter to the Tribunal for continuation of the proceedings under Section 33(C)(2), rendered observations which in our view will seriously prejudice the appellant-workmen in the pursuit of their claim petitions before the Tribunal. The observations in the impugned judgment especially at paragraph 5 therein are prima facie damaging to the workmen, and in our view were totally uncalled for, more so when those observations were rendered in the absence of the appellant-workmen, and also because ultimately, the learned single Judge was not inclined to interfere with the order of the Tribunal that was impugned in the writ petitions. 5. It is trite that under normal circumstances writ petitions against preliminary orders of the Labour court would not ordinarily WA Nos.888, 757, 819, 820, 868, 870, 873, 874, 875 & 884 of 2022 14 be entertained by this Court in proceedings under Article 226/ 227 of the Constitution of India. The law in this regard is well settled through the decision of the Supreme Court in **The Cooper Engineering Ltd. v. P.P.Mundhe** (AIR 1975 SC 1900), where the court clearly stated that in exercise of the jurisdiction under Article 226/227 of the Constitution of India the High Court should not stop proceedings before the Industrial Tribunal so that a preliminary issue may be decided by them. The said observation of the Supreme Court has been followed by this Court in **Amrita Institute of Medical Science v. Labour Court** [2017(4) KLT 1040], where again the rationale of the decision aforementioned was noticed by observing that neither the jurisdiction of a High Court under Article 226 of the Constitution of India nor the jurisdiction of the Supreme Court under Article 136 of the Constitution of India could be allowed to be exploited by those who can well afford to wait, to the detriment of those who can ill afford to wait, by dragging the latter from court to court for adjudication of peripheral issues, avoiding decisions on issues more vital to them. The above observations apply with added rigor in cases where the order impugned in the writ petition is one passed in proceedings under Section 33(C)(2) of the Industrial Disputes Act, which are in the nature of execution proceedings. 6. Following the said judgements, therefore we are of the view that in these writ appeals also, prudence would demand that the order of the Tribunal on the issue of maintainability be affirmed for the present. While permitting the Tribunal to continue with the WA Nos.888, 757, 819, 820, 868, 870, 873, 874, 875 & 884 of 2022 15 adjudication of the claim petitions under Section 33(C)(2) pending before it, we grant liberty to the Airport Authority to impugn the final order passed by the Tribunal in the claim petitions under Section 33(C)(2) of the Industrial Disputes Act, on all grounds including the issue of maintainability of the claim petitions should the need arise at a later point of time. Resultantly, we allow these writ appeals by setting aside the impugned judgment of the learned single Judge and upholding Ext.P9 order of the Tribunal that was impugned in the writ petitions. The Tribunal shall proceed with the determination of the claims raised in the claim petitions pending before it and arrive at a decision within an outer time limit of six months from the date of receipt of a copy of this judgment. We make it clear that it will be open to the Airport Authority of India to impugn the final order passed by the Tribunal in the claim petitions aforementioned, if so advised, on all issues open to it including the issue of maintainability that was decided as a preliminary issue by the Tribunal. Sd/- ## **A.K.JAYASANKARAN NAMBIAR, JUDGE** Sd/- **MOHAMMED NIAS C.P., JUDGE** dlk 29.8.2022 WA Nos.888, 757, 819, 820, 868, 870, 873, 874, 875 & 884 of 2022 16