The Kerala High Court heard a Writ Appeal against an interim order modifying a previous stay in a labour dispute. Finding no good ground to interfere, the Court granted three weeks' additional time to the appellants to deposit the award amount.
Granted three weeks from today to deposit the amount ordered to be paid.
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 HON'BLE THE CHIEF JUSTICE DR. MANJULA CHELLUR & THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
MONDAY, THE 8TH DAY OF JULY 2013/17TH ASHADHA, 1935
WA.No. 420 of 2013 () IN OP(LC).3349/2012
AGAINST THE ORDER/JUDGMENT IN OP(LC) 3348/2012 of HIGH COURT OF KERALA DATED 11-02-2013
APPELLANT(S)/PETITIONER:
1. MR.MAMMOOTY (P.I.MUHAMMED KUTTY) CHARIMAN, MALAYALAM COMMUNICATIONS LTD CORPORATE OFFICE, KARIRALI TOWERS, ASAN SQUARE UNIVERSITY P O, PALAYAM THIRUVANANTHAPURAM-695034.
2. THE EXECUTIVE DIRECTOR, MALAYALAM COMMUNICATIONS LTD., CORPORATE OFFICE: KAIRALI TOWERS, ASAN SQUARE, UNIVERSITY P.O., PALAYAM, THIRUVANANTHAPURAM-695 034.
BY ADV. SRI.RENI ANTO KANDAMKULATHY
RESPONDENT(S)/RESPONDENTS:
1. THE GENERAL SECRETARY KERALA UNION OF WORKING JOURNALISTS STATE COMMITTEE KESARI MEMORIAL BUILDING THIRUVANANTHAPURAM-695001.
2. THE PRESIDING OFFICER, INDUSTRIAL TRIBUNAL, KOLLAM-691 001.
R1 BY ADV. SRI.SIVAN MADATHIL
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
MANJULA CHELLUR, C.J & K.VINOD CHANDRAN, J.
W.A.No. 420 of 2013
Dated this the 8th day of July, 2013 JUDGMENT
Manjula Chellur, C.J.
Heard learned counsel for the appellants as well as the respondents.
“Interim stay passed by this court shall stand modified as indicated hereunder. Petitioner shall deposit the amount ordered to be paid to the respondent in terms of Exhibit P1 Award within a period of two weeks from today. Release of the amount to the respondent shall be subject to final orders in this Original Petition. Petitioner seeks time to file reply affidavit. Reply affidavit has to be filed within two weeks and OP is directed to be posted for final hearing in the 1st week of March 2013.”
Reading of the above direction, makes it very clear that even if the appellants deposit the amount, the first respondent is not entitled to get the amount till the Original Petition is disposed of.
2
WA.420/13
The appellants/petitioners sought time to file reply affidavit which is already said to have been filed. However, two weeks' time was granted by the learned Single Judge to deposit the said amount and the said time also expired. However, on account of stay granted by this Court, no amount came to be deposited. We find no good ground to interfere with the said interim order. However, three weeks time from today is granted to deposit the amount.
With the above observation, the Writ Appeal is disposed of.
MANJULA CHELLUR, CHIEF JUSTICE
K.VINOD CHANDRAN, JUDGE
vgs8.7
1 issue framed by the court
Whether the High Court ought to interfere with an interim order modifying a stay pending disposal of an original petition before an Industrial Tribunal.
Mr. Mamooty / Malayalam Communications Ltd.
The General Secretary Kerala Union of Working Journalists
The Presiding Officer, Industrial Tribunal, Kollam
Dr. Manjula Chellur
K. Vinod Chandran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
