This writ petition concerning unpaid wages for gardeners and watchmen was heard on 22-05-2012. The High Court of Kerala directed the Corporation of Cochin to pay the due amounts within four weeks after quantification.
Directed the 1st Respondent to pay the unpaid amounts to the petitioners within four weeks from the date of production of a copy of the judgment.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE ANTONY DOMINIC
TUESDAY, THE 22ND DAY OF MAY 2012/1ST JYAISHTA 1934
WP(C).No. 888 of 2012 (I)
PETITIONER(S):
1. K.J.PETER, AGED 53 YEARS,S/O. JACOB., H.NO.C.C 10/1410, FORT KOCHI, KOCHI-I.
2. M.N. DASAN, AGED 64, S/O. NARAYANAN, H. NO. CC 10/996, FORT KOCHI, KOCHI -1.
3. P.S. VARGHESE, AGED 48, S/O. SIMON, H. NO. CC 10/1247, FORT KOCHI, KOCHI-1.
4. K.K. RAFEEQUE, AGED 50, S/O. KOCHUNNY, H. NO. CC 2/236, FORT KOCHI, KOCHI-1.
5. C.H. AFSAL, AGED 52, S/O. HAMSA, H. NO. CC 3/819, CHAKKARAYIDUKKU, KOCHI.
6. P.P. KABEER, AGED 52, S/O. PRABHAKARAN, H. NO. CC 10/903 (A), FORT KOCHI, KOCHI-1.
7. A.K.PINGALADAS, AGED 65, S/O. KUMARAN, H. NO. CC 15/2087, KOCHI -5.
8. P.L. SUNNY, AGED 52, S/O. LASAR, H. NO. 10/1510,FORT KOCHI, KOCHI-1.
9. K.A. SHAMSUDEEN, AGED 40, S/O. ABDUL MAJEED, H. NO. 6/711, BASAR ROAD, MATTANCHERY, KOCHI-2.
10. C.H. ASLAM, AGED 45, S/O. HAMSA, H. NO. CC 3/377, UBAID ROAD, MATTANCHERY, KOCHI -2.
BY ADVS.SRI.K.S.MADHUSOODANAN SRI.THOMAS CHAZHUKKARAN SRI.THUSHAR NIRMAL SARATHY SRI.M.M.VINOD KUMAR SRI.P.K.RAKESH KUMAR SMT.M.A.RUXANA
RESPONDENT(S):
2. MAYOR, CORPORATION OF COCHIN, ERNAKULAM - 682 011.
BY ADV. SRI.P.K.SOYUZ,SC,COCHIN CORPORATION BY ADV. SRI.RAJU SEBASTIAN VADAKKEKARA,SC,COCHIN CORPN.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22-05-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WPC.NO.888/2012 I
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT-P1TRUE COPY OF THE CONTRACT SIGNED BY THE 6TH PETITIONER DATED 30/03/1990.
EXHIBIT-P6- TRUE COPY OF THE ORDER WITH REPORT IN FILE NO. FCE1-1016/10 DATED 24/06/2010.
RESPONDENTS' EXHIBITS:
N I L
/TRUE COPY/
P.A.TO JUDGE
Kss
ANTONY DOMINIC, J. ================ W.P.(C) NO. 888 OF 2012
===================
Dated this the 22nd day of May, 2012
J U D G M E N T
According to the petitioners, they were engaged by the respondents as gardeners and watchman in the five parks belonging to the 1st respondent. The grievance in the writ petition is that the wages for the period from 01/04/2009 to 15/1/2010 amounting to `4,09,000 has not been paid so far.
claim of the petitioners that they were appointed by the 1st respondent, fact remains that they were engaged for work and if that be so, for the period they worked they are entitled to be paid at the agreed rates.
Therefore, I dispose of this writ petition directing the 1st respondent to pay the amounts due to the petitioners, which shall be quantified and paid at any rate within four weeks from the date of production of a copy of this judgment.
Sd/-
ANTONY DOMINIC, JUDGE
Rp
//True Copy//
PA to Judge
2 issues framed by the court
Whether petitioners employed as gardeners and watchmen were entitled to unpaid wages for the period 01/04/2009 to 15/01/2010.
Whether the respondent corporation was directed to pay the unpaid amounts due to the petitioners.
K.J.PETER and others
CORPORATION OF COCHIN, ERNAKULAM
MAYOR, CORPORATION OF COCHIN, ERNAKULAM
ANTONY DOMINIC
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
