Writ petitions challenging a Labour Court order directing payment of dues to workmen were dismissed. The Court held that employers' agreements cannot absolve statutory liability and inter se disputes do not affect workmen's claims.
Writ petitions dismissed with liberty to parties to adjust liability inter se in appropriate proceedings.
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 MRS. JUSTICE ANU SIVARAMAN
TUESDAY, THE 15TH DAY OF MARCH 2016/25TH PHALGUNA, 1937
WP(C).No. 15028 of 2010 (C)
PETITIONER(S):
A.K.SREEKUMAR, S/O.LATE KRISHNAPILLAI, JAYAVIHAR, KOCHUPILAMMODDU KOLLAM-1, PROPRIETOR, REGENCY CASHEW COMPANY EAST KALLADA, KOLLAM.
BY ADVS.SRI.R.RANJITH SRI.M.T.SURESHKUMAR
RESPONDENT(S):
1. THE LABOUR COURT, KOLLAM, REP. BY ITS SHERASTHDAR.
2. K.J.DHANAN, S/O.GOVINDA PILLAI, GOVIND, MANGAD P.O., KOLLAM 15.
3. R.SURESH KUMAR, S/O.RAVINDRAN, RAVINDRA SADANAM, PERUMPUZHA P.O., KERALAPURAM KOLLAM.
4. MOHANAKUTTAN, S/O.GOPALAKRISHNA PILLAI, SREERANGAM, KALARI, CHAVARA P.O. KOLLAM.
5. KRISHNAKUMARI AMMA,
6. SUDHI KRISHNAN,
S/O.LATE SUDHAHARAN PILLAI, CHITRAM, AINELLOOR P.O. THEVALAKKARA, KOLLAM.
7. NAJUMMUDDIN MUSALIAR, SHAJI MANZIL, KARICODE P.O., KOLLAM.
8. M/S.WALTER CASHEW COMPANY, REP. BY MRS.HEMA SREEKUMAR, JAYA VIHAR, BEACH ROAD KOLLAM.
R2-6 BY ADV. SMT.A.K.PREETHA R2-6 BY ADV. SRI.M.R.RAJESH
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15-03-2016, ALONG WITH WPC. 15546/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 15028 of 2010 (C)
APPENDIX
PETITIONER'S EXHIBITS
EXT.P1: COPY OF THE AGREEMENT FOR SALE DATED 18.12.2003 EXECUTED BY MRS.HEMA SREEKUMAR FOR HERSELF AND AS POWER OF ATTORNEY FOR THE CO-OWNERS IN FAVOUR OF SHRI.NAJUMUDHEEN MUSALIAR.
EXT.P2: COPY OF THE AGREEMENT DATED 16.12.2004 ENTERED INTO BETWEEN THE 7TH AND 8TH RESPONDENTS.
EXT.P3: COPY OF THE AGREEMENT DATED 16.12.2004.
EXT.P4: COPY OF THE CLAIM PETITION NO.50/2005 ON TH FILE OF THE LABOUR COURT, KOLLAM.
EXT.P5: COPY OF THE NOTICE DATED 5.10.2007 ISSUED BY THE TAHASILDAR, KOLLAM UNDER SECTION 36 OF THE REVENUE RECOVERY ACT.
EXT.P6: COPY OF THE ORDER PASSED BY THE LABOUR COURT, KOLLAM ON 16.5.2006 IN CLAIM PETITIONER NO. 50/2005.
EXT.P7: COPY OF THE NOTICE DATED 14.07.2004 ISSUED BY THE DISTRICT LABOUR OFFICER TO THE PETITIONER, THE 7TH RESPONDENT AND THE UNION LEADERS.
EXT.P8: COPY OF THE JUDGMENT PASSED BY THE LEARNED SINGLE JUDGE OF THIS HONOURABLE COURT ON 08.01.2008 IN W.P.C NO. 896 OF 2008.
EXT.P9: COPY OF THE ORDER PASSED BY A DIVISION BENCH OF THIS HONOURABLE COURT ON 15.01.2008 IN W.A.NO. 100 OF 2008.
EXT.P10: COPY OF THE PETITION SUBMITTED ON 29.01.2008 BEFORE THE 1ST RESPONDENT.
EXT.P11: COPY OF THE COMMON JUDGMENT PASSED BY THIS HONOURABLE COURT 08.01.2009 OF IN WRIT APPEAL NO.100 OF 2008.
EXT.P12: COPY OF THE MEMORANDUM OF INDUSTRY VIDE SETTLEMENT.
EXT.P13: COPY OF THE MEMORANDUM OF SETTLEMENT ENTERED INTO BY THE TRANSFEROR AND TRANSFEREE MANAGEMENTS ON 06.04.2005.
EXT.P14: COPY OF THE ORDER PASSED BY THE LABOUR COURT, KOLLAM ON 09.02.2010 IN CLAIM PETITION NO. 50/2005.
RESPONDENTS EXHIBITS: NIL
/TRUE COPY/
P.A TO JUDGE
LSN
ANU SIVARAMAN, J.
W.P.(C). Nos. 15028 & 15546 of 2010
Dated this the 15th day of March, 2016
JUDGMENT
The prayers in W.P(C) No. 15028 of 2010 are as follows:
i). declare that the petitioner is not liable to pay any amounts as claimed by the claim petitioners vide Ext.P4.
ii). call for the records leading to Exts.P14 and may quash the same by issuing a writ in the nature of certiorari, to the extent it affects the petitioner. iii. issue such other reliefs, as this Honourable Court deems fit and just in the circumstances of the case.
owner of the establishment in question, but had entered into an agreement for sale of the establishment as a going concern in favour of the 8th respondent. Ext.P14 order in the claim petition is challenged by the writ petitioner to the extent he has been directed to pay certain amounts for the period from January, 2002 to November, 2004. The petitioner would submit that in the light of Ext.P13 memorandum of settlement, the petitioner has no liability to make any payments.
W.P.(C). Nos. 15028 & 15546 of 2010 2
the amounts found to be due from her.
W.P.(C). Nos. 15028 & 15546 of 2010 3
claims as regards their liability for satisfying the orders of the competent statutory authorities, it is for them to work out their remedies in appropriate proceedings as among themselves. Such adjudication can in no way affect the statutory claims of the workmen. These writ petitions are devoid of merits and the same are dismissed without prejudice to the rights of parties to take up the issue of apportionment of amounts among themselves inter se in competent proceedings.
Sd/- ANU SIVARAMAN, Judge
lsn
3 issues framed by the court
Whether an agreement for sale of an industrial establishment can exempt the petitioner from statutory liability to pay dues to workmen.
Whether inter se disputes between employers regarding apportionment of labour dues can defeat the statutory claims of workmen.
Whether the Labour Court's order directing payment of dues is maintainable in the light of settlement agreements between the employers.
A.K. SREEKUMAR
THE LABOUR COURT, KOLLAM
K.J. DHANAN
R. SURESH KUMAR
MOHANAKUTTAN
KRISHNAKUMARI AMMA
ANU SIVARAMAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
