Allowed

A.M.Gopalan v. K.P.Sivadasan

Kerala HC4 Mar 2016WP(C)/28337/2005

Case brief

AI extract

What is this about?

Writ petitioner challenged an order under Section 33C(2) of the Industrial Disputes Act, 1947. The Court upheld the Labour Court's finding that the petitioner was liable to pay certain dues. It dismissed the challenge, clearing the petitioner to seek recovery from the Company later.

What did the court decide?

The contemplation of the judgment was to allow the Writ Petition dismissing the said Writ Petition. The order was upholding Exhibit P4.

A.M.Gopalan Vs K.P.Sivadasan — Labour and Industrial Disputes | 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 MRS. JUSTICE ANU SIVARAMAN

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FRIDAY, THE 4TH DAY OF MARCH 2016/14TH PHALGUNA, 1937

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WP(C).No. 28337 of 2005 (W) ----------------------------

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PETITIONER(S):

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A.M. GOPALAN, AGED 60 YEARS, S/. CHATHU, NO.11, 2ND MAIN ROAD TRUSTPURAM, KODAMBAKKAM, CHENNAI-600 021.

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BY ADVS.SRI.K.S.BABU SMT.N.SUDHA

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RESPONDENT(S): --------------

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1. K.P. SIVADASAN, DEVI NIVAS HOUSE, PAYAMBRA P.O., KUNNAMANGALAM (VIA), KOZHIKODE.

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2. P. VALSALAN, MANAGING DIRECTOR, GAJAPRIYA TRANSPORT COMPANY PVT.LTD. DROUPATHI BUIDING, NO.40/7035, IIND FLOOR NEAR KAVITHA THEATRE, M.G. ROAD, ERNAKULAM KOCHI-682 035.

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3. GAJAPRIYA TRANSPORT CO.PVT.LTD., CALICUT OFFICE, CALICUT.

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4. THE LABOUR COURT, KOZHIKODE.

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GOVERNMENT PLEADER SRI.C.K.JAYAKUMAR

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04-03-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 28337 of 2005

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXHIBIT P1: COPY OF CLAIM PETITION DATED 28.11.2002.

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EXHIBIT P2: COPY OF STATEMENT OF OBJECTION SUBMITTED BY COUNTER PETITIONER BEFORE THE 4TH RESPONDENT DATED 25.1.2005.

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EXHIBIT P3: COPY OF REJOINDER DATED 28.3.2005.

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EXHIBIT P4: COPY OF ORDER DATED 6.6.2005 IN C.P.NO.58/2002 OF THE 4TH RESPONDENT.

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/TRUE COPY/

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PS TO JUDGE

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ANU SIVARAMAN, J.

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W.P(C).No. 28337 of 2005

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Dated this the 4^th March, 2016

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JUDGMENT

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This writ petition is filed challenging Exhibit P4 order passed by the Labour Court, Kozhikode allowing a claim petition under Section 33C(2) of the Industrial Disputes Act, 1947. Petitioner was the second respondent in C.P.No.58/2002. The workman claimed that the second respondent in the C.P was liable to pay the amounts due to him. The Labour Court pointed out that the second respondent is liable for the claim and on a finding that the second respondent was the Director of the third respondent as evidenced by Exhibit P1 and that his resignation was only with effect from 2.7.2002, he was directed to pay the amounts due to the workman for the period upto his resignation as Director. This is challenged by the writ petitioner on the ground that he was only a Director of the Company and that he had resigned on 2.7.2002 and hence he is not liable to make payment as directed in Exhibit P4.

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Heard learned counsel for the petitioner and the learned Government Pleader.

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WP(C).28337/05

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Having considered the contentions advanced, it is seen that a factual finding is entered by the Labour Court that the petitioner is liable to pay the amounts on the basis of evidence adduced before it. I do not see any reason for departing the finding of fact made by the Labour Court. Exhibit P4 is upheld. However, it is made clear that the petitioner will be free to take any legal action available to him in law to realise amounts paid by him from the Company or its Directors.

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The writ petition is closed.

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ANU SIVARAMAN

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vgs8/3

A.M.Gopalan v. K.P.Sivadasan

Case brief

What is this about?

What did the court decide?

A.M.Gopalan v. K.P.Sivadasan

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

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