Union challenged order rejecting request for Government D.A. from 2000. Court dismissed WP noting binding conciliation settlement of 2004 precluding further relief.
Writ petition dismissed as binding conciliation settlement precluded further relief.
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 SMT. JUSTICE P.V.ASHA
MONDAY, THE 17TH DAY OF OCTOBER 2016/25TH ASWINA, 1938
WP(C).No. 2785 of 2006 (F)
PETITIONER(S) :
THE TELK EMPLOYEE'S FEDERATION, REG.NO.07-48-92, ANGAMALY SOUTH P.O., REP. BY ITS GENERAL SECRETARY MR. G.AYYAPPAN PILLAI.
BY ADVS. SRI.THAMPAN THOMAS SRI.V.V.NANDAGOPAL NAMBIAR
RESPONDENT(S) :
1. M/S.TELK LIMITED ANGAMALY, REP. BY ITS MANAGING DIRECTOR.
2. THE SECRETARY TO INDUSTRIES DEPARTMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM.
3. THE SECRETARY TO LABOUR DEPARTMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM.
4. THE LABOUR COMMISSIONER, LABOUR COMMISSIONER'S OFFICE, THIRUVANANTHAPURAM.
5. THE REGIONAL JOINT LABOUR COMMISSIONER, COLLECTORATE, KAKKANAD, ERNAKULAM.
6. TELK EMPLOYEES UNION(CITU), REP. BY ITS GENERAL SECRETARY, TELK LIMITED, ANGAMALY.
7. TELK WORKERS CONGRESS (INTUC), REP. BY ITS GENERAL SECRETARY, TELK LIMITED, ANGAMALY.
8. TECHNICAL EMPLOYEES & STAFF ASSOCIATION OF TELK, REP. BY ITS GENERAL SECRETARY, TELK LIMITED, ANGAMALY.
..2/-
..2..
WP(C).No. 2785 of 2006 (F)
9. TELK EMPLOYEES ASSOCIATION, REP. BY ITS GENERAL SECRETARY, TELK LIMITED, ANGAMALY.
R1 BY SRI.M.PATHROSE MATTHAI (SENIOR ADVOCATE) R2 TO R5 BY SR. GOVERNMENT PLEADER SRI. SANTHOSH PETER R6 & R7 BY ADV. SRI.ASOK M.CHERIAN
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17-10-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Msd.
WP(C).No. 2785 of 2006 (F)
APPENDIX
PETITIONER(S)' EXHIBITS :
EXHIBIT P7: TRUE COPY OF THE LETTER PETITION OF OTHER UNION DATED 14.05.2005.
EXHIBIT P9: TRUE COPY OF ORDER NO. 19452/41/05/ID DATED 17.01.2006. EXHIBIT P10: TRUE COPY OF THE LETTER DATED 09.08.2005.
RESPONDENT(S)' EXHIBITS :
EXHIBIT R1(A): TRUE COPY OF SETTLEMENT SIGNED ON 09.10.1996 BEFORE THE CONCILLIATION OFFICER. EXHIBIT R1(B): TRUE COPY OF CONCILLATION SETTLEMENT DATED 07.02.2004.
//TRUE COPY//
P.A.TO JUDGE.
Msd.
P.V.ASHA J.
--------------------------------------------
W.P.(C) No.2785 of 2006
--------------------------------------------- Dated this the 17th day of October, 2016
J U D G M E N T
Petitioner is challenging Ext.P9 order by which the request for payment of Government D.A to workmen with effect from 01.03.1999 was rejected. Ext.P9 order was issued on 17.01.2006.
In the above circumstances, I dismiss the writ petition.
Sd/- P.V.ASHA, JUDGE.
AS
2 issues framed by the court
Whether to grant relief for Government D.A. payment when a binding conciliation settlement exists.
Whether Ext.P9 order rejecting D.A. payment is maintainable.
The Telk Employee's Federation
M/s. Telk Limited
The Secretary to Industries Department, Government of Kerala
The Secretary to Labour Department, Government of Kerala
The Labour Commissioner
The Regional Joint Labour Commissioner
P. V. Asha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
