All Kerala Textile Workers and Staff Federation Hantex Process House v. P.H Kurian

Kerala HC9 Mar 2016Con.Case(C)/734/2014

Case brief

AI extract

What is this about?

The court closed a contempt case alleging non-compliance of its 2013 directions. It held that compliance orders were subsequently issued by the original court, negating the need for contempt proceedings. The petitioner was reserved liberty to challenge those compliance orders.

What did the court decide?

Contempt case is closed; liberty reserved to challenge the order dated 29.2.2016.

All Kerala Textile Workers and Staff Federation Hantex… — 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 THE CHIEF JUSTICE MR.ASHOK BHUSHAN

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THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE

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WEDNESDAY, THE 9TH DAY OF MARCH 2016/19TH PHALGUNA, 1937 Con.Case(C).No. 734 of 2014 (S) IN WP(C).27598/2012

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AGAINST THE JUDGMENT IN WP(C) 27598/2012 of HIGH COURT OF KERALA DATED 10-07-2013

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PETITIONER(S)/PETITIONERS:

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ALL KERALA TEXTILE WORKERS AND STAFF FEDERATION HANTEX PROCESS HOUSE, PAPPANAMCODE, REG.NO.423/1983 K.T.U.C NANDANCODE, THIRUVANANTHAPURAM-3 REPRESENTED BY ITS SECRETARY

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P. RAJU AGED 54 YEARS UNSKILLED WORKER, HANTEX PROCESS HOUSE PAPPANAMCODE, THIRUVANANTHAPURAM (S/O.P.PALAYAN R.V. NIVAS, KANNAMKULAM, ARALUMMOODU P.O THIRUVANANTHAPURAM 695 123).

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BY ADVS.SRI.K.S.MADHUSOODANAN SRI.THOMAS CHAZHUKKARAN SRI.M.M.VINOD KUMAR SRI.P.K.RAKESH KUMAR SRI.K.S.MIZVER

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RESPONDENT(S)/1ST RESPONDENT:

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P.H KURIAN PRINCIPAL SECRETARY INDUSTRIES (C) DEPARTMENT GOVERNMENT OF KERALA THIRUVANANTHAPURAM AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER.

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BY SR. GOVERNMENT PLEADER SRI. JOE KALLIATH

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THIS CONTEMPT OF COURT CASE (CIVIL) HAVING BEEN FINALLY HEARD ON 09-03-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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Con.Case(C).No. 734 of 2014

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APPENDIX

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PETITIONER(S)' EXHIBITS

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ANNEXURE I - CERTIFIED COY OF JUDGMENT IN W.P(C) .27598/12 DATED 10.7.2013 OF THE HON'BLE HIGH COURT.

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ANNEXURE II - PHOTOCOPY OF THE AFFIDAVIT FILED BY SECRETARY TO GOVERNMENT DATED 14.2.2014

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ANNEXURE III - CERTIFIED COPY OF ORDER IN I.A. NO.2953/14 IN W.P(C) 27598/12 DATED 11.3.2014

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RESPONDENT(S)' EXHIBITS

NIL

// TRUE COPY //

P.A. TO JUDGE

sou.

ASHOK BHUSHAN, CJ & A.M.SHAFFIQUE, J

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Cont. Case. No. 734 of 2014

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Dated this the 9^th day of March, 2016

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J U D G M E N T

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Shaffique, J

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This Contempt Case has been filed alleging noncompliance of directions issued by this Court on 10.7.2013 in W.P.(C). No.27598 of 2012.

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It is now submitted by the learned Government Pleader that orders have already been issued on 29.2.2016 pursuant to the direction issued by this Court.

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Learned counsel for the petitioner would however submits that all the benefits, which had been claimed has not been granted.

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Having regard to the aforesaid factual situation, we are of the view that since orders have already been issued on 29.2.2016, there is no reason to proceed with the contempt case. If the petitioner is aggrieved by the direction issued in terms of order dated 29.2.2016, the remedy is to challenge the same in appropriate proceedings.

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COC.737/14

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Reserving the said liberty of the petitioner to challenge

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the order dated 29.2.2016, this Contempt Case is closed.

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Sd/-

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ASHOK BHUSHAN CHIEF JUSTICE

Sd/-

A.M.SHAFFIQUE,

JUDGE

sou.9/3.

All Kerala Textile Workers and Staff Federation Hantex Process House v. P.H Kurian

Case brief

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All Kerala Textile Workers and Staff Federation Hantex Process House v. P.H Kurian

Case brief

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