All India BSNL Casual Workers Union v. P.K.Lukas, Regional Labour Commr. (Central), Tvm

Kerala HC16 Feb 2016Con.Case(C)/1469/2015

Case brief

AI extract

What is this about?

In this contempt proceeding, the petitioner challenged an order passed pursuant to a previous writ judgment. The court held that the proper remedy was to challenge the impugned order directly. Consequently, the contempt case was closed without prejudice to the petitioner's right to approach the appropriate forum to challenge the substantive order.

What did the court decide?

The Contempt Case is closed without prejudice to the right of the petitioner to challenge Annexure R(f) order appropriately.

All India BSNL Casual Workers Union Vs P.K.Lukas, Regional… — Contempt of Court | Kerala HC (2016)

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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 V.CHITAMBARESH

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TUESDAY, THE 16TH DAY OF FEBRUARY 2016/27TH MAGHA, 1937

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Con.Case(C).No. 1469 of 2015 (S) IN WP(C).17507/2015

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AGAINST THE JUDGMENT IN WP(C) 17507/2015 of HIGH COURT OF KERALA DATED 04-08-2015

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PETITIONER(S):

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ALL INDIA BSNL CASUAL WORKERS UNION (INTUC)

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WITH OFFICE AT PALA KOTTAYAM, DISTRICT REGISTRATION NO.0512/1999 AND AFFILIATION NO.12436 REPRESENTED BY ITS GENERAL SECRETARY, P.C.THOMAS. S/O.LATE CHACKO, AGED 62 YEARS.

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BY ADV. SRI.P.KURUVILLA JACOB

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RESPONDENT(S):

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P.K.LUKAS, AGED 50 YEARS, (WHOSE FATHER'S NAME IS NOT KNOWN TO PETITIONER) THE REGIONAL LABOUR COMMISSIONER (CENTRAL), UPPALAM ROAD, THIRUVANANTHAPURAM-695001.

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R1 BY ADV. SRI.B.RAMACHANDRAN, CGC

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THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 16-02-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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APPENDIX IN COC.NO.1469 OF 2015

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ANNEXURE A1	TRUE COPY OF PETITIONER'S REGISTERED COMPLAINT DATED 9.1.15 FORWARDED TO THE ASSISTANT GENEERAL MANAGER OF BSNL IN THE OFFICE OF THE PRINCIPAL GENERAL MANAGER OF TELECOMMUNICATIONS, BSNL BHAVAN, UPPALAM ROAD THIRUVANANTHAPURAM.
ANNEXURE A2	TRUE COPY OF PETITIONER'S COMPLAINT DATED 16.1.15 LODGED BEFORE THE CHIEF GENERAL MANAGER OF BSNL AT TRIVANDRUM.
ANNEXURE A3	TRUE COPY OF PETITIONER'S REPRESENTATION DATED 18.5.15 FORWARDED TO THE RESPONDENT.
ANNEXURE A4	TRUE COPY OF JUDGMENT DATED 4.8.15 IN W.P.(C) NO. 17507/2015 OF THE HON'BLE HIGH COURT.
ANNEXURE A5	TRUE COPY OF PETITIONER'S REGISTERED COMPLAINT DATED 3.9.15 ADDRESSED TO THE CHIEF LABOUR COMMISSIONER (CENTRAL) AT KAKKANAD, ERNAKULAM SUBSEQUENTLY CORRECTED AS THE DEPUTY CHIEF LABOUR COMMISSIONER (CENTRAL) AT KAKKANAD, ERNAKULAM.

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//TRUE COPY//

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P.S. TO JUDGE.

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V.CHITAMBARESH, J. --------------------Cont. Case (C) No.1469 of 2015 --------------------Dated this the 16^th day of February, 2016

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J U D G M E N T

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The petitioner challenges Annexure R(f) decision taken pursuant to the directions contained in Annexure-A4 judgment. The remedy of the petitioner is to challenge Annexure R(f) order appropriately and the initiation of the contempt proceedings is misconceived.

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The Contempt Case is closed without prejudice to the right of the petitioner to challenge Annexure R(f) order appropriately.

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Sd/V.CHITAMBARESH, Judge.

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nj/16.02.2016

All India BSNL Casual Workers Union v. P.K.Lukas, Regional Labour Commr. (Central), Tvm

Case brief

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All India BSNL Casual Workers Union v. P.K.Lukas, Regional Labour Commr. (Central), Tvm

Case brief

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What did the court decide?

What the court decided

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