Disposed
Kollam Jilla Kallu Chethu Madya V.T.U. v. State of Kerala
Kerala HCWP(C)/7802/2005
Case brief
from the order text
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COURT OF KERALA AT ERNAKULAM PRESENT: THE…
What the court decided
AI extract
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE ANTONY DOMINIC
THURSDAY, THE 28TH DAY OF JUNE 2012/7TH ASHADHA 1934
WP(C).No. 7802 of 2005 (D)
PETITIONER(S):
KOLLAM JILLA KALLU CHETHU MADYA VYAVASAYA THOZHILALI UNION, (REG.NO.02/04/2004) KARUNAGAPPALLY, KOLLAM DISTRICT, REPRESENTED BY ITS SECRETARY, N. BHADRAN PILLAI.
BY SRI.M.K.DAMODARAN, SENIOR ADVOCATE. ADVS. SRI.NAGARAJ NARAYANAN, SRI.SAIJO HASSAN, SRI.A.S.SABU, SRI.J.JOSEPH, SRI.A.G.GIRISH KUMAR.
RESPONDENT(S):
1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, LABOUR DEPARTMENT, GOVERNMENT SECRETARIAT, TRIVANDRUM.
2. THE JOINT LABOUR COMMISSIONER AND
CHIEF WELFARE FUND INSPECTOR, KERALA ABKARI WORKERS WELFARE FUND BOARD, TRIVANDRUM.
3. THE COMMISSIONER OF EXCISE, TRIVANDRUM.
4. ASSISTANT EXCISE COMMISSIONER, KOLLAM.
5. THE MADHYAVYAVASAYA THOZHILALI SAMBRAKSHANA SAMATHY (MTSS), REGISTER NO.1110/98, KOLLAM DISTRICT, REPRESENTED BY SECRETARY, N. SIVADASAN.
WP(C).No. 7802 of 2005 (D)
6. K.G. MANIKUTTAN, ANANDA MANDIRAM, PADANAYARKULANGARA SOUTH, KARUNAGAPPALLY P.O., KARUNAGAPPALLY.
7. V.K. SUKUMARAN, ARYA BHAVANAM,
8. P. RAVEENDRAN PILLAI, KALLELITHARA HOUSE,
*** ADDL. R5 TO R8 ARE IMPLEADED AS PER ORDER IN I.A.5795/2005 DATED 21/12/2005.**
R1, R3 & R4 BY GOVT. PLEADER SMT.SUNITHA VINOD. R2 BY ADV. SRI.K.K.BABU, SC, KAWWFB. ADDL. R5 BY ADV. SRI.A.N.RAJAN BABU.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28-06-2012, ALONG WITH W.P.(C)NO. 9336 OF 2005, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
rs.
WP(C).No. 7802 of 2005 (D)
APPENDIX
PETITIONER'S EXHIBITS:-
| EXT.P1 | COPY OF THE CERTIFICATE OF REGISTRATION OF THE PETITIONER DATED 27/05/2004. |
|---|---|
| EXT.P2 | COPY OF THE ORDER PASSED BY THE 2ND RESPONDENT DATED 24/07/2003. |
| EXT.P3 | COPY OF THE SENIORITY LIST PUBLISHED BY 2ND RESPONDENT DATED 12/08/2003. |
| EXT.P4 | COPY OF THE ORDER ISSUED BY THE 4TH RESPONDENT ALONG WITH THE ALLOTMENT LIST DATED 13/10/2003. |
| EXT.P5 | COPY OF THE ALLOTMENT LETTER ISSUED BY THE EXCISE CIRCLE INSPECTOR, KUNNATHOOR DATED 23/10/2003. |
| EXT.P6 | COPY OF THE JUDGMENT PASSED BY THIS HONOURABLE COURT IN W.P.(C)NO. 36822/2003 DATED 18/12/2003. |
| EXT.P7 | COPY OF THE SENIORITY LIST PUBLISHED BY 2ND RESPONDENT DATED 11/08/2004. |
| EXT.P8 | COPY OF THE ORDER PASSED BY THE 1ST RESPONDENT DATED 11/08/2004. |
| EXT.P9 | COPY OF THE GOVERNMENT ORDER G.O.(P) NO.128/2004/TD DATED 09/08/2004. |
| EXT.P10 | COPY OF THE ORDER PASSED BY THIS HONOURABLE COURT IN W.P.(C)NO. 28234/2004 DATED 28/09/2004. |
| EXT.P11 | COPY OF THE ORDER PASSED BY THE 4TH RESPONDENT DATED 30/09/2004. |
| EXT.P12 | COPY OF THE NOTICE ISSUED BY THE CIRCLE INSPECTOR OF EXCISE, KARUNAGAPPALLY DATED 08/10/2004. |
| EXT.P13 | COPY OF THE JUDGMENT PASSED BY THIS HONOURABLE COURT IN W.P.(C)NO. 28234/2004 DATED 04/11/2004. |
| EXT.P14 | COPY OF THE JUDGMENT PASSED BY THIS HONOURABLE COURT IN W.P.(C)NO. 23461/2004 DATED 04/11/2004. |
(P.T.O.)
WP(C).No. 7802 of 2005 (D)
RESPONDENT'S EXHIBITS:-
| EXT.R5A | COPY OF THE GOVERNMENT LETTER NO.23394/RB/03/LBR DATED 21/04/2004. |
|---|---|
| EXT.R5B | COPY OF THE ORDER NO.Q4-4625/04 DATED 30/09/2004 ISSUED BY ASSISTANT EXCISE COMMISSIONER, KOLLAM. |
| EXT.R5C | COPY OF THE LIST OF ABKARI WORKERS ALLOTTING TO VARIOUS TODDY SHOPS ISSUED BY ASSISTANT EXCISE COMMISSIONER, KOLLAM FOR KARUNAGAPPALLY RANGE. |
| EXT.R5D | COPY OF THE DO. DO. FOR SASTHAMCOTTA RANGE. |
| EXT.R5E | COPY OF THE NOTICE DATED 11/10/2004 ISSUED BY EXCISE CIRCLE INSPECTOR, KUNNATHOOR ISSUED TO THE 4TH PETITIONER. |
//TRUE COPY//
P.A. TO JUDGE
rs.
ANTONY DOMINIC, J
W.P.(C)s.7802 & 9336/2005
Dated this the 28th day of June, 2012
JUDGMENT
Challenge in these writ petitions is against the
seniority list of Retrenched workers, which was issued in 2005.
any reason to go into the merits of the controversy.
Therefore, these writ petitions are closed clarifying
that if the petitioners have any surviving grievance, it will be open to them to agitate it afresh.
Sd/- ANTONY DOMINIC, JUDGE
mrcs
/true copy/ PA To Judge
KOLLAM JILLA KALLU CHETHU MADYA VYAVASAYA THOZHILALI UNION
STATE OF KERALA
THE JOINT LABOUR COMMISSIONER AND CHIEF WELFARE FUND INSPECTOR, KAWWFB
THE COMMISSIONER OF EXCISE, TRIVANDRUM
ASSISTANT EXCISE COMMISSIONER, KOLLAM
K.G. MANIKUTTAN
ANTONY DOMINIC
As recorded by the court registry
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