Disposed

Shwas Homes Pvt. Ltd. v. Vinayakumar. P. v.

Kerala HC12 Jun 2019Con.Case(C)/1069/2019

Case brief

AI extract

What is this about?

The Division Bench, in a contempt proceeding arising from a labour dispute, closed the case without prejudice. It held that a complaint regarding demands by trade unions needed to be addressed to the Conciliation Officer rather than the police, and thus did not constitute the type of obstruction warranting police protection indicated in the earlier judgment.

What did the court decide?

Contempt case closed without prejudice to the right of the company to re-approach the court based on a proper request for police protection.

Shwas Homes Pvt. Ltd. Vs Vinayakumar. P. v. — Contempt of Court | Kerala HC (2019)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE THE CHIEF JUSTICE MR.HRISHIKESH ROY

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THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR WEDNESDAY, THE 12TH DAY OF JUNE 2019/22ND JYAISHTA, 1941 Con.Case(C).No. 1069 of 2019 IN WP(C). 34554/2018

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ARISING FROM THE JUDGMENT IN WP(C) 34554/2018 of HIGH COURT OF KERALA DATED 1.11.2018

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PETITIONER/PETITIONER IN WPC:

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SHWAS HOMES PVT LTD., KOCHI-6 REPRESENTED BY ITS DIRECTOR, SREENI PARAMESWARAN, S/O. PARAMESWARAN NAIR, AGED 44 YEARS, VILLA NO.1, MYSTIC BELLS, KANIYAMPUZHA, EROOR-682 306.

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BY ADV. SRI.DENIZEN KOMATH

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SMT. MERINA JOSEPH

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RESPONDENT/RESPONDENT:

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VINAYKUMAR P V (FATHER'S NAME NOT KNOWN TO THE PETITIONER) INSPECTOR OF POLICE, ALANGAD POLICE STATION, ERNAKULAM -683 511.

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BY SR. GOVERNMENT PLEADER SRI. V. TEKCHAND

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THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 12.06.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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Cont. Case(C).1069/2019

J U D G M E N T

Hrishikesh Roy, CJ

This Contempt Case is based on the judgment dated 1.11.2018 in the W.P(C).No.34554 of 2018. The Division Bench, under the said judgment, indicated that in the event of obstruction by the Trade Unions of headload workers (respondents 5 to 8) with the works of the company, they may seek Police Protection.

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The communication dated 13.5.2019 (Annexure A-2) however indicates that the Project Manager of the Company had approached the Sub Inspector of Police, Alangad for amicable settlement of the issues on account of the demand raised by the Trade Unions. Such a representation should ideally be addressed before the Conciliation Officer dealing with labour dispute. The complaint cannot therefore be categorised as one seeking Police Protection.

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In view of above and after hearing the learned counsel Smt. Merina Joseph, appearing for the petitioner, this Contempt Case is closed without prejudice to the right of the company to re-approach this Court, in the event police does not afford Protection, based on a proper request for Police Protection, made by the company.

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Sd/Hrishikesh Roy, Chief Justice

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Sd/A.K. Jayasankaran Nambiar, Judge

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sou.

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Cont. Case(C).1069/2019

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APPENDIX

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PETITIONER'S EXHIBITS

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ANNEXURE A-1 CERTIFIED COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN WPC.NO.34554 OF 2018

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ANNEXURE A-2 TRUE COPY OF THE COMPLAINT PREFERRED BY THE PETITIONER BEFORE THE 2^ND RESPONDENT

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ANNEXURE A-2(A) TRUE ENGLISH TRANSLATION OF ANNEXURE A2

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ANNEXURE A-3 TRUE PHOTOCOPY OF THE RECEIPT OF ACCEPTANCE OF ANNEXURE A-2

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ANNEXURE A-3(A) TRUE ENGLISH TRANSLATION OF ANNEXURE A-3.

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RESPONDENT'S EXHIBITS

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NIL

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// TRUE COPY //

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P.A. TO JUDGE

Shwas Homes Pvt. Ltd. v. Vinayakumar. P. v.

Case brief

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Shwas Homes Pvt. Ltd. v. Vinayakumar. P. v.

Case brief

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