Dismissed

Safexpress Pvt.Ltd. v. State of Kerala

Kerala HC1 Nov 2018WP(C)/30281/2018

Case brief

AI extract

What is this about?

The High Court of Kerala permitted the petitioner, Safexpress Pvt. Ltd., to withdraw a writ petition challenging the rejection of a statutory application under Rule 26A of the Kerala Head Load Workers Rules, 1981. The court allowed withdrawal without prejudice to future rights.

What did the court decide?

Permission to withdraw the writ petition without prejudice to the right to move the appellate authority or approach the court anew.

Safexpress Pvt.Ltd. Vs State of Kerala — Pension and Retirement Benefits | Kerala HC (2018)

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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 P.R.RAMACHANDRA MENON

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THE HONOURABLE MR.JUSTICE DEVAN RAMACHANDRAN

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THURSDAY, THE 01ST DAY OF NOVEMBER 2018/10TH KARTHIKA, 1940

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W.P.(C)No.30281 of 2018

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PETITIONER:

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SAFEXPRESS PVT.LTD., REPRESENTED BY ITS MANAGER, MANIKANDAN. AGED 42 YEARS, S/O KRISHNAN KUTTY NAIR, SANTHANA KRISHNAM, HILL VIEW NAGAR, PUTHUSSERY, PALAKKAD 678 623.

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BY ADVS. SRI.T.T.MUHAMOOD A.MOHAMMED SAVAD C.Y VINODKUMAR SRI.V.E.ABDUL GAFOOR

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RESPONDENTS:

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1 STATE OF KERALA, REPRESENTED BY ADDL. CHIEF SECRETARY TO GOVERNMENT, HOME DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 001.

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2 THE STATE POLICE CHIEF, POLICE HEAD QUARTERS, THIRUVANANTHAPURAM-695 001.

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3 THE DISTRICT POLICE CHIEF, PALAKKAD CITY-680 001.

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4 THE DEPUTY SUPERINTENDENT OF POLICE (GENERAL), PALAKKAD CITY-680 001.

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5 THE STATION HOUSE OFFICER, SOUTH POLICE STATION, PALAKKAD-680 001.

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6 THE ASSISTANT LABOUR OFFICER, CIRCLE 2, KODUMBU, PALAKKAD-678 551.

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W.P.(C)No.30281 of 2018

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7 THE DISTRICT LABOUR OFFICER, PALAKKAD-678 551.

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8 THE PRESIDENT, ALL INDIA TRADE UNION CONGRESS(A.I.T.U.C), PALAKKAD-678 001.

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9 THE PRESIDENT, INDIAN NATIONAL TRADE UNION CONGRESS(I.N.T.U.C). PALAKKAD-678 001.

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10 THE PRESIDENT, BHARATHEEYA MAZDOOR SANGH (BMS), PALAKKAD-678 001.

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11 THE PRESIDENT, CENTRE FOR INDIAN TRADE UNION(C.I.T.U), PALAKKAD-678 001.

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12 THE KERALA HEAD LOAD WORKERS WELFARE FUND BOARD, THIRUVANANTHAPURAM-695 001.

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BY ADV. SRI.THOMAS ABRAHAM, SC, KHWWB

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OTHER PRESENT:

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SR.G.P. SRI. P.P. THAJUDEEN

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01.11.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C)No.30281 of 2018

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JUDGMENT

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P.R. Ramachandra Menon, J

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It is brought to the notice of this court that, the application preferred by the petitioner in terms of Rule 26A of the Kerala Head Load Workers Rules, 1981 has been rejected, pursuant to which, a statutory appeal has been filed before the District Labour Officer, Palakkad and the same is pending.

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In the said circumstances, the learned counsel for the petitioner seeks for our permission to withdraw the matter without prejudice to the right to move the appellate authority and to approach this court, subject to the orders passed by the appellate authority in the said matter.

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Permission is granted. The Writ Petition is dismissed as withdrawn.

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Sd/-

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P.R.RAMACHANDRA MENON

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JUDGE

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Sd/-

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DEVAN RAMACHANDRAN

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JUDGE

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W.P.(C)No.30281 of 2018

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE RENTAL AGREEMENT.

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EXHIBIT P2 TRUE COPY OF THE LICENSE NO.A4/5140/2017 DATED 27.10.2017 ISSUED BY THE PANCHAYATH.

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EXHIBIT P3 TRUE COPY OF THE SANITARY CERTIFICATE ISSUED FROM THE HEALTH INSPECTOR PRIMARY HEALTH CENTRE, KODUMBU ON 9.10.2017.

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EXHIBIT P4 TRUE COPY OF THE REGISTRATION CERTIFICATE NO.SHO90290080173 DATED 29.1.2018 ISSUED BY THE ALO,II CIRCLE PALAKKAD.

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EXHIBIT P5 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONERS WORKERS BEFORE THE 6TH RESPONDENT.

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EXHIBIT P6 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONERS WORKERS BEFORE THE 6TH RESPONDENT.

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EXHIBIT P7 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONERS WORKERS BEFORE THE 6TH RESPONDENT.

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EXHIBIT P8 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONERS WORKERS BEFORE THE 6TH RESPONDENT.

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EXHIBIT P9 TRUE COPY OF THE ORDER REJECTING THE 26A CARD BY THE 6TH RESPONDENT.

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EXHIBIT P10 TRUE COPY OF THE APPEAL MEMORANDUM DATED 20.7.2018. EXHIBIT P11 TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE THE 5TH RESPONDENT ON 14.5.2018. EXHIBIT P12 TRUE COPY OF THE JUDGMENT DATED 10.8.2018 IN WC.NO.18761/2018.

Safexpress Pvt.Ltd. v. State of Kerala

Case brief

What is this about?

What did the court decide?

Safexpress Pvt.Ltd. v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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