Dismissed

Association of Planters of Kerala v. State of Kerala

Kerala HC5 Feb 2013WP(C)/4121/2004

Case brief

AI extract

What is this about?

In this writ petition concerning dearness allowance for plantation workers, the court noted that a settlement had been arrived at and DA was being paid prospectively. Consequently, the court found nothing left to adjudicate and closed the petition while keeping the petitioner's contention open.

What did the court decide?

Writ petition closed; it held that settlement arrived at on 29.9.2008 made DA payable prospectively, leaving no matter for adjudication.

Association of Planters of Kerala Vs State of… — Labour and Industrial Disputes | Kerala HC (2013)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE B.P.RAY

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TUESDAY, THE 5TH DAY OF FEBRUARY 2013/16TH MAGHA 1934

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WP(C).No. 4121 of 2004 (N)

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PETITIONER(S):

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THE ASSOCIATION OF PLANTERS OF KERALA, 41, VRINDAVAN HOUSING COLONY, PATTOM PALACE P.O. TRIVANDRUM 695 004, REP. BY ITS SECRETARY DOMINIC J MECHERY.

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K.K.JOSEPHJ, ANATHANAM HOUSE, KANJIRAPPALLY. BY ADVS.SRI.JOSEPH KODIANTHARA SRI.MITHUN MARKOS

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RESPONDENT(S):

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STATE OF KERALA REP. BY THE SECRETARY TO GOVERNMENT, LABOUR AND REHABILITATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM.

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THE LABOUR COMMISSIONER, STATE HOUSING BOARD BUILDING, SHANTI NAGAR TRIVANDRUM.

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THE CHIEF INSPECTOR OF PLANTATIONS, KOTTAYAM.

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THE PLANTATION LABOUR COMMITTEE, REP. BY ITS CHAIRMAN, THE LABOUR COMMISSIONER STATE HOUSING BOARD BUILDING, SANTHI NAGAR TRIVANDRUM.

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I.N.T.U.C. MEPPADI, WAYANAD, REP. BY ITS STATE VICE PRESIDENT, P.K.GOPALAN.

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C.I.T.U. REP. BY ITS GENERAL SECRETARY, K.PADMANABHAN, KONNANATH HOUSE, CHELAKKARA P.O. VIA, PAZHAYANNUR, THRISSUR DISTRICT.

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U.T.U.C, REP. BY ITS PRESIDENT, MR.T.M.PRABHA, DHANUS, ASHRAMAM, KOLLAM.

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DEVICULAM ESTATE WORKEERS UNION (AITUC)

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MUNNAR, IDUKKI DISTRICT, REP, BY ITS GENERAL SECRETARY, MR.M.Y.OUSEPH

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B.M.S, REP, BY ITS GENERAL SECRETARY, MR.K.K.VIJAYAKUMAR, B.M.S. OFFICE PERANDOOR ROAD, KALOOR, COCHIN 682 017.

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PLANTATION STAFF AND EMPLOYEES COLLECTORATE P.O. KOTTAYAM, REP, BY ITS PRESIDENT, MR.JOSEPH MATHEW.

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S.T.U, MUSLIM LEAGUE OFFICE, KALPETTA, WAYANDA, REP, BY ITS GENERAL SECRETARY, MR.P.P.A. KAREEM.

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R,R1 TO R4 BY ADV. GOVERNMENT PLEADER MAYA R,R-9 BY ADV. SRI.N.NAGARESH R,R8 BY ADV. SRI.H.B.SHENOY R,R8 BY ADV. SRI.B.ASHOK SHENOY R,R10 BY ADV. SRI.H.B.SHENOY R,R10 BY ADV. SRI.B.ASHOK SHENOY R,R6 BY ADV. SRI.K.BALACHANDRAN (MANGALATH) R,R6 BY ADV. SRI.RAJESH NAIR R,R6 BY ADV. SRI.BIJOY CHANDRAN R,R6 BY ADV. SRI.NIZAM IBRAHIM

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05-02-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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B.P.RAY, J

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......................................... Dated 5^th February, 2013

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JUDGMENT

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Heard both sides. In pursuance to Ext.P9 notice, a settlement has been arrived at by the Plantation Engineer and the petitioners Association on 29.9.2008 and Dearness Allowance is paid according to the settlement prospectively. In that view of the matter, nothing remains to be adjudicated in the writ petition and accordingly it is closed. But the contention in the writ petition is kept open.

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B.P.RAY,

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JUDGE

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lgk

Association of Planters of Kerala v. State of Kerala

Case brief

What is this about?

What did the court decide?

Association of Planters of Kerala v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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