Petitioners alleged violation of an interim order via a contempt petition. Respondents filed affidavits stating compliance. The court, satisfied by the affidavits, closed the case without passing orders.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.N.RAVINDRAN
TUESDAY, THE 22ND DAY OF MAY 2012/1ST JYAISHTA 1934
Con.Case(C).No. 563 of 2012 (S) IN WPC/30563/2011
AGAINST THE ORDER/JUDGMENT IN WPC.NO.30563/2011 DATED 18/01/2012
PETITIONER(S):
1. SUSAN KOSHY, AGED 54 YEARS, W/O.KOSHY, WORKING AS HEAD CLERK, FELLOWSHIP MISSION HOSPITAL, KUMBANADU P.O., THIRUVALLA.
2. LALITHA VASUDEVAN, AGED 56 YEARS, W/O.LATE VASUDEVAN, WORKING AS SWEEPER, FELLOWSHIP MISSION HOSPITAL, KUMBANADU P.O., THIRUVALLA.
BY ADV. SRI.V.PHILIP MATHEW
RESPONDENT(S):
1. T.T.ANTONY I.A.S,
2. GEETHA KUMARI,AGED NOT KNOWN TO PETITIONER,
3. T.P.PHILIP,AGED NOT KNOWN TO PETITIONER,
4. REV.VARGHESE PHILIP, AGED NOT KNOWN TO PETITIONER,
5. ANIL.X, AGED NOT KNOWN TO PETITIONER, S/O.NOT KNOWN TO PETITIONER, SECRETARY, DEPARTMENT OF LABOUR & REHABILITATION, KERALA GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM-695 001.
BY GOVERNMENT PLEADER SMT.P.MAYA BY ADV. SRI.M.NARENDRA KUMAR
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING BEEN FINALLY HEARD ON 22-05-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts
COC.NO.563/2012
APPENDIX
PETITIONER'S ANNEXURES:
ANNEX 1 COPY OF THE INTERIM ORDER DATED 18/01/2012 PASSED BY THIS HON'BLE COURT IN WP(C)NO.30563/2011.
RESPONDENT'S ANNEXURES:
ANNEX R2(A) COPY OF THE COMMUNICATION ISSUED TO THE RESPONDENTS 3 AND 4 DATED 30/3/2012.
ANNEX R2(B) COPY OF THE PROCEEDINGS NO.LR/5228/11 DATED 7/4/2012 ISSUED BY THE DISTRICT LABOUR OFFICER, PATHANAMTHITTA.
/TRUE COPY/
P.S.TO.JUDGE
sts
P.N.RAVINDRAN, J.
Contempt Case(C).No.563 of 2012
Dated this the 22nd day of May, 2012
JUDGMENT
This Contempt Case is filed alleging that the respondents have willfully violated Annexure 1 interim order passed by this Court in W.P.(C)No.30563 of 2011 by failing to give effect to the unamended service rules, a copy of which was produced as Ext.P1 in the writ petition. Respondents 3 and 4, who represent the hospitals where the petitioners are employed, have sworn to separate affidavits dated 24.12.2011. The relevant portion of the affidavit reads as follows:-
“3. This Hon'ble Court in W.P.(C) No.30563/2011 passed the order dated 18.01.2012 not to implement any changes in the Service Rules (marked Ext.P1 in the writ petition) till the issue is adjudicated by the court after reference of the dispute by the Government and to grant leave in accordance with the said service rules. The above order is being implemented in letter and spirit by this respondent. It is not correct to say that after passing the interim order respondents 3 and 4 are not granting leave to the petitioners as per the un-amended rules. No
Cont.Case(C).No.563 of 2012
-:2:-
specific instance is pointed out by the petitioners regarding the non-compliance of Annexure I order. The allegation that the respondents 3 and 4 are not willing to accept the above order is not correct. It is submitted that this respondent duly received the order dated 18.01.2012 and is being implemented in letter and spirit.”
In the light of the averments in paragraph 3 of the separate affidavits sworn to by respondents 3 and 4 and the statement therein that they are implementing the interim order passed by this Court in its letter and spirit, no further orders are called for in this Contempt Case. It is accordingly closed.
P.N.RAVINDRAN, Judge.
ahg.
P.N.RAVINDRAN, J.
Cont.Case(C).No.563 of 2012
JUDGMENT
22nd May, 2012
Susan Koshy
Lalitha Vasudevan
T.T. Antony
Geetha Kumari
T.P. Philip
Rev. Varghese Philip
P.N. Ravindran
As recorded by the court registry
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