Kerala High Court

WP(C)/37471/2009 of THE PLANTATION CORPORATION OF KERALA LTD Vs THE WORKMAN OF THE ABOV CONCERN,REP. BY on 31 December 2012

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COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE V.CHITAMBARESH MONDAY, THE 31ST DAY OF DECEMBER 2012/10TH POUSHA 1934 WP(C).No. 37471 of 2009 (D) --------------------------- ID.2/2008 of LABOUR COURT, ERNAKULAM PETITIONER(S): ------------- THE PLANTATION CORPORATION OF KERALA

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH

MONDAY, THE 31ST DAY OF DECEMBER 2012/10TH POUSHA 1934

WP(C).No. 37471 of 2009 (D)

---------------------------ID.2/2008 of LABOUR COURT, ERNAKULAM

PETITIONER(S):

-------------

THE PLANTATION CORPORATION OF

KERALA LIMITED, KOTTAYAM, REPRESENTED BY

MANAGER, ATHIRAPPILLY ESTATE DIVISION ATHIRAPPILLY ESTATE.

BY ADVS.SRI.JOSEPH KODIANTHARA (SR.)

SRI.MATHEWS K.UTHUPPACHAN SRI.B.J.JOHN PRAKASH

SRI.RAJU SEBASTIAN VADAKKEKARA, SC, PLANTATION CORPORATION O

RESPONDENT(S):

--------------

1. THE WORKMAN OF THE ABOVE CONCERN REPRESENTED BY THE SECRETARY, KALADY PLANTATION THOZHILALI UNION (INTUC), KALADY PLANTATION P.O., ALUVA (VIA)-683 583. REPRESENTED BY THE SECRETARY, KALADY PLANTATION THOZHILALI UNION (INTUC), KALADY PLANTATION P.O., ALUVA (VIA)-683 583.

2. C.K.SADASIVAN, S/O.K.P.KRISHNAN NAIR, CHARIVUKALAYIL VEEDU KARAKKAD. S/O.K.P.KRISHNAN NAIR, CHARIVUKALAYIL VEEDU KARAKKAD.

3. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT LABOUR AND REHABILITATION (A) DEPARTMENT SECRETARIAT, THIRUVANANTHAPURAM.

R,R1 & 2 BY ADV. SRI.E.A.BIJUMONR BY GOVERNMENT PLEADER SRI. JAMES MATHEW KADAVAN

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 31-12-2012,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

APPENDIX

PETITIONERS EXHIBITS

P1COPY OF CIRCULAR OF THE GOVERNMENT DATED 3-11-1995

P2COPY OF THE LETTER DATED 1-4-2007 SUBMITTED BY THE 2ND RESPONDENT

P3COPY OF REFERENCE ORDER DATED 5-1-2008 OF THE GOVERNMENT

P4COPY OF ORDER DATED 17-11-2009 PASSED BY THE LABOUR COURT, ERNAKULAMERNAKULAM

RESPONDENTS EXHIBITS

NIL

TRUE COPY

P.A. TO JUDGE

SMM

V.CHITAMBARESH,J.

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W.P.(C)No.37471 of 2009

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Dated this the 31[st] day of December, 2012

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J U D G M E N T

I.A No.190/2009 filed to set aside the exparte award dated2-6-2009 in I.D No.2/2008 on the file of the Labour Court,Ernakulam was allowed by Ext.P4 order. The same was allowedsubject to the condition that the workman shall not be evictedfrom the quarters until he attains the age of superannuation on19-11-2012 as per his contentions in the industrial dispute.

2. The management contends that the workman wasdenied employment only because he attained the age ofsuperannuation on 16-4-2007 itself. It is urged that the disputepertaining to denial of employment deserves to be considered inthe industrial dispute only. The workman has admittedly attainedthe age of superannuation as on today even as per hiscontentions and therefore the condition against eviction hasbecome infructuous.

3. The direction in Ext.P4 order to the extent that themanagement was restrained from evicting the workman from thequarters till 19-11-2012 is hereby vacated. I.A No.190/2009 isallowed and the Labour Court, Ernakulam is directed to disposeof I.D No.2/2008 on its file within a period of six months from thedate of receipt of a copy of this judgment.

No further directions are called for and the Writ Petition(Civil) is disposed of.

smm

V.CHITAMBARESH.JUDGE

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