Allowed

Sacred Heart Hospital v. State of Kerala

Kerala HC25 Jan 2016WP(C)/36627/2015

Case brief

AI extract

What is this about?

The court, noting a settlement between the hospital management and labourers, made absolute an interim order dated 2.12.2015 to secure justice and direct official respondents to maintain law and order, while clarifying that the judgment does not address substantive labour disputes or affect other proceedings.

What did the court decide?

The interlocutory order granted on 2.12.2015 was made absolute and official respondents directed to ensure law and order is maintained.

Sacred Heart Hospital Vs State of Kerala — 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 MR.JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

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MONDAY, THE 25TH DAY OF JANUARY 2016/5TH MAGHA, 1937

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WP(C).No. 36627 of 2015 (C)

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PETITIONER(S):

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SACRED HEART HOSPITAL, PAYNKULAM, MAILACOMPU P.O., THODUPUZHA, IDUKKI DISTRICT, PIN 685 584, REPRESENTED BY ITS ASST.ADMINISTRATOR SR.MAGY MATHEW.

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BY ADVS.SRI.M.GOPIKRISHNAN NAMBIAR

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SRI.P.GOPINATH SRI.P.BENNY THOMAS SRI.K.JOHN MATHAI SRI.JOSON MANAVALAN SRI.KURYAN THOMAS

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RESPONDENT(S):

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1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, LABOUR AND REHABILITATION DEPARTMENT, GOVERNMENT SECRETARIAT, TRIVANDRUM-695 001.

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2. THE DISTRICT COLLECTOR, IDUKKI DISTRICT, CIVIL STATION, PAINAVU P.O. IDUKKI DISTRICT, 685 584.

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3. THE DEPUTY SUPERINTENDENT OF POLICE, THODUPUZHA, 685 584.

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4. THE CIRCLE INSPECTOR OF POLICE, THODUPUZHA-685 584.

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5. LABOUR COMMISSIONER, THIRUVANANTHAPURAM-695 001.

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6. KERALA HOSPITAL EMPLOYEES SANGH (BHARATHEEYA MAZDOOR SANGH), REG.NO.91/83, OPP: PRESS CLUB, THODUPUZHA, IDUKKI DISTRICT, PIN 685 584, REPRESENTED BY ITS GENERAL SECRETARY M.P.PRASANTH.

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R6 BY ADV. SRI.S.MANU R1-R5 BY SRI.SOJAN JAMES, SENIOR GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25-01-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 36627 of 2015 (C)

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APPENDIX

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PETITIONER(S)' EXHIBITS:

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EXHIBIT-P1: TRUE COPY OF THE DEMAND NOTICE DATED 13.4.2015 ISSUED BY THE 6TH RESPONDENT TO THE PETITIONER.

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EXHIBIT-P2: TRUE COPY OF THE REPLY DATED 15.06.2015 SUBMITTED BY THE PETITIONER BEFORE THE D L O.

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EXHIBIT-P3: TRUE COPY OF THE LETTER DATED 18.09.2015 SUBMITTED BY THE PETITIONER BEFORE THE D L O.

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EXHIBIT-P4: TRUE COPY OF THE PETITION DATED 20.11.2015 SUBMITTED BEFORE 2ND RESPONDENT.

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EXHIBIT-P5: TRUE COPY OF THE COMPLAINT DATED 25.11.2015 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENTS 3 AND 4.

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EXHIBIT-P6: TRUE COPY OF THE REPRESENTATION DATED 23.11.2015 SUBMITTED BY THE PARENTS AND OTHER FAMILY MEMBERS OF SOME OF THE PATIENS BEFORE THE HON'BLE MINISTER.

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EXHIBIT-P7: TRUE COPY OF THE JUDGMENT DATED 03.04.2014 IN W.P.NO.8935/2014 ISSUED TO THE PETITIONER.

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EXHIBIT-P8: TRUE COPY OF THE REFERENCE ORDER (WITHOUT ANNEXURES) DATED 28.11.2015 OF THE 1ST RESPONDENT.

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RESPONDENT(S)' EXHIBITS - NIL

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//TRUE COPY//

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P.A TO JUDGE

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THOTTATHIL B.RADHAKRISHNAN &

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ANU SIVARAMAN, JJ.

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W.P.(C).No.36627 of 2015

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Dated this the 25^th day of January, 2016

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J U D G M E N T

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Thottathil B.Radhakrishnan, J.

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We have heard the learned counsel for the parties. It is submitted on behalf of the 6^th respondent that there are no further issues surviving between the management and the labourers and there is a settlement already in place. We record that submission.

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In the aforesaid circumstances, all that is required, to secure the ends of justice, is to make absolute the interim order granted on 2.12.2015. We order that the said interlocutory order will remain absolute and the official respondents will ensure that law and order is maintained. We clarify that we have not expressed anything on the stand taken by the parties touching the labour disputes. If there are any proceedings in

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WPC.No.36627/15

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other jurisdiction touching labour matters, this judgment and the contents thereof will be treated as having no bearing whatsoever. All such matters will be decided untrammelled by anything stated herein.

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Writ petition ordered accordingly.

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Sd/-

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(THOTTATHIL B.RADHAKRISHNAN, JUDGE)

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Sd/- (ANU SIVARAMAN, JUDGE)

//TRUE COPY//

P.A TO JUDGE

WPC.No.36627/15 3

Sacred Heart Hospital v. State of Kerala

Case brief

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What did the court decide?

Sacred Heart Hospital v. State of Kerala

Case brief

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