A Kerala High Court Writ Petition challenging a Labour Court award. The court observed that an agreement entered into between the parties resolved the dispute, thereby closing the writ petition by recording the settlement.
The writ petition is closed by recording the agreement entered into between the parties.
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 MR. JUSTICE A.K.JAYASANKARAN NAMBIAR
FRIDAY, THE 18TH DAY OF AUGUST 2017/27TH SRAVANA, 1939
WP(C).No. 10914 of 2013 (L)
ID. NO.18/2011 OF LABOUR COURT, KOZHIKODE.
PETITIONER(S):
KOZHIKODE JILLA MOTOR & ENGINEERING WORKERS UNION (CITU), 17/1598, POOTHERI BUILDING, KOZHIKODE. REPRESENTED BY CITY COMMITTEE SECRETARY.
BY ADVS.SMT.A.K.PREETHA, SRI.C.ANIL KUMAR.
RESPONDENT(S):
1. THE LABOUR COURT, KOZHIKODE, ERANHIPALAM P.O., PIN - 673 006.
2. BABY MARINE EXPORTS, WEST HILL, KOZHIKODE - 673 005, REPRESENTED BY ITS MANAGING PARTNER K.C.BABU.
R1 BY GOVT. PLEADER SRI.C.P. PRADEEP. R2 BY SRI.U.K.RAMAKRISHNAN, SENIOR ADVOCATE. ADVS. SRI.U.K.DEVIDAS, SRI.PRINSUN PHILIP.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18-08-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
rs.
WP(C).No. 10914 of 2013 (L)
APPENDIX
PETITIONER'S EXHIBITS:-
| EXT.P-1 | TRUE COPY OF CLOSURE NOTICE DATED 14.09.2009 ISSUED BY THE 2ND RESPONDENT. |
|---|---|
| EXT.P-2 | TRUE COPY OF OBJECTION DATED 23.11.2009 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT. |
| EXT.P-3 | TRUE COPY OF CLAIM STATEMENT FILED BY THE PETITIONER IN I.D.NO.18/2011. |
| EXT.P-4 | TRUE COPY OF WRITTEN STATEMENT FILED BY THE 2ND RESPONDENT IN I.D. 18/2011. |
| EXT.P-5 | TRUE COPY OF REJOINDER IN I.D.18/2011. |
| EXT.P-6 | TRUE COPY OF AWARD DATED 16/02/2013 IN ID NO.18/2011. |
| EXT.P-7 | TRUE COPY OF LETTER DATED 26/09/2009 SUBMITTED BY THE 2ND RESPONDENT TO THE INSPECTOR OF FACTORIES & BOILERS, KOZHIKODE. |
RESPONDENT'S EXHIBITS:-
| EXHIBIT-R2(A)- | TRUE COPY OF THE AGREEMENT DATED 15.10.2016 |
|---|---|
| EXHIBIT-R2(B):- | TRUE COPY OF THE STAMPED RECEIPT DATED 15.10.2016 GIVEN BY PARTHASARATHI M.P |
| EXHIBIT-R2(C):- | TRUE COPY OF THE STAMPED RECEIPT DATED 15.10.2016 GIVEN BY BAIJUC. |
| EXHIBIT-R2(D): | TRUE COPY OF THE STAMPED RECEIPT DATED 15.10.2016 GIVEN BY HERSHAL M. XAVIER. |
| EXHIBIT-R2(E):- | TRUE COPY OF THE STAMPED RECEIPT DATED 15.10.2016 GIVEN BY BABU M.K. |
| EXHIBIT-R2(F):- | TRUE COPY OF THE STAMPED RECEIPT 15.10.2016 GIVEN BY PRAMOD K.P |
| EXHIBIT-R2(G):- | TRUE COPY OF THE STAMPED RECEIPT DATED 15.10.2016 GIVEN BY GEORGE M.S. .....2/- |
WP(C).No. 10914 of 2013 (L)
| EXHIBIT-R2(H)- | TRUE COPY OF THE STAMPED RECEIPT DATED 15.10.2016 GIVEN BY JOHNY P. |
|---|---|
| EXHIBIT-R2(I):- | TRUE COPY OF THE STAMPED RECEIPT DATED 15.10.2016 GIVEN BY PRAKASHAN T.V. |
| EXHIBIT-R2(J): | TRUE COPY OF THE STAMPED RECEIPT DATED 15.10.2016 GIVEN BY SOMAN C.V. |
| EXHIBIT-R2(K) | TRUE COPY OF THE STAMPED RECEIPT DATED 15.10.2016 GIVEN BY MADHUSOODANAN. K. |
| EXHIBIT-R2(L):- | TRUE COPY OF THE STAMPED RECEIPT DATED 15/10/2016 GIVEN BY RAJAN K.L. |
| EXHIBIT-R2(M): | TRUE COPY OF THE STAMPED RECEIPT DATED 15.10.2016 GIVEN BY ROOPESH KUMAR. |
| EXHIBIT-R2(N):- | TRUE COPY OF THE STAMPED RECEIPT DATED 15.10.2016 GIVEN BY SATHYARAYANAN T.K. |
| EXHIBIT-R2(O) | TRUE COPY OF THE STAMPED RECEIPT DATED 15.10.2016 GIVEN BY MINEESH BABU. |
| EXHIBIT-R2(P) | TRUE COPY OF THE STAMPED RECEIPT DATED 15.10.2016 GIVEN BY JAYARAJAN M.K. |
//TRUE COPY//
P.S. TO JUDGE
rs.
A.K.JAYASANKARAN NAMBIAR, J.
W.P.(C) No.10914 of 2013
JUDGMENT
It is submitted by the learned counsel for the parties that, in the light of Ext.R2(a) agreement entered into between the parties, nothing survives to be adjudicated in this writ petition. The writ petition is, therefore, closed by recording the agreement entered into between the parties.
Sd/-
A.K.JAYASANKARAN NAMBIAR JUDGE
sm/
//true copy//
P.A. To Judge
Kozhikode Jilla Motor & Engineering Workers Union (CITU)
Labour Court, Kozhikode
Baby Marine Exports
A.K.Jayasankaran Nambiar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
