Dismissed

Kochi Refinery Evictees Construction Workers' Association (C.R.E.C.W.a) v. M/S.Bharat Petroleum Corporation Limited-Kochi Refinery

Kerala HC5 Nov 2019WP(C)/25989/2013

Case brief

AI extract

What is this about?

The Kerala High Court dismissed the writ petition as no longer effective due to a settlement arrived at between the parties on 15/10/2019, allowing the petitioner liberty to recall if any prayer still subsists.

What did the court decide?

The Writ Petition was closed as no further order was necessary following the settlement reached.

Kochi Refinery Evictees Construction Workers'… — Labour and Industrial Disputes | 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 MR.JUSTICE S.V.BHATTI

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TUESDAY, THE 05TH DAY OF NOVEMBER 2019 / 14TH KARTHIKA, 1941

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WP(C).No.25989 OF 2013(W)

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PETITIONER/S:

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1 KOCHI REFINERY EVICTEES CONSTRUCTION WORKERS' ASSOCIATION (C.R.E.C.W.A)

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WORKERS' ASSOCIATION (C.R.E.C.W.A), REG.NO.07-5 OF 1990, AMBALAMUGHAL - 682 302, REPRESENTED BY ITS SECRETARY.

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2 MR. JIKKU K.A. SO.ELIAS KARIMANKULAM, KUREEKAD PO, PIN-682 305.

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3 MR. RATHEESH KUMAR P.A. S/O.APPUKKUTTAN P.P, PANDUKUZHY HOUSE, CHALIKKARA AMBALAMEDU PO, PIN-682 303.

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BY ADV. SRI.PAULSON C.VARGHESE

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RESPONDENT/S:

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1 M/S.BHARAT PETROLEUM CORPORATION LIMITED-KOCHI REFINERY (ERSTWHILE COCHIN REFINERIES LTD. (CRL), COCHIN - 682302, REPRESENTED BY ITS GENERAL MANAGER (HR)

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2 LABOUR ENFORCEMENT OFFICER CENTRAL CENTRAL LABOUR COMMISSIONER'S OFFICE, OOLIMUGAL KAKKANAD, KOCHI-682 030.

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3 BHARAT PETROLEUM CORPORATION LIMITED -

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KOCHI REFINERY, CONTRACTORS ASSOCIATION AMBALAMUGHAL REGION(HDS-AREA), AMBALAMUGHAL-682 302

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4 REGIONAL CONTRACTORS ASSOCIATION MUKKADAKKAL BUILDING, CHITHRAPUZHA, IRUMBANAM PO PIN682 30

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5 GENERAL CONSTRUCTION WORKERS UNION CENTRAL INDIA TRADE UNION (C.I.T.U), C.H.RAMASAN MANDIRAM, AMBALAMUGHAL-682 302, REPRESENTED BY ITS SECRETARY.

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6 COCHIN REFINERY GENERAL WORKERS CONGRESS INDIAN NATIONAL TRADE UNION CONGRESS (INTUC), RAJEEV

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WP(C).No.25989 OF 2013

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BHAVAN, AMBALAMUGHAL-682 302, REPRESENTED BY ITS SECRETARY.

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R1 BY ADV. SRI.P.BENNY THOMAS

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R1 BY ADV. SRI.P.PARAMESWARAN NAIRASG OF INDIA

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R1 BY SRI.N.NAGARESH ASSISTANT SOLICITOR GENERAL

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R1 BY ADV. SRI.D.PREM KAMATH

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R2 BY ADV. SRI.P.PARAMESWARAN NAIR,ASG OF INDIA

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05.11.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.25989 OF 2013

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JUDGMENT

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Dated this the 5th day of November 2019

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Adv.Benny.P.Thomas states that the writ

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prayers are no more effective having regard to the settlement arrived at between the parties

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on 15/10/2019. He places on regard a copy of the settlement and requests, the Court to dismiss the Writ Petition. Advocate Paulson.C.Varghese for petitioner requests time to get instructions from the petitioner.

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After perusing the prayers and the settlement dated 15/10/2019. I am satisfied by placing on record the settlement of Advocate Binny.P.Thomas the Writ Petition can be closed as no further order is necessary.

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WP(C).No.25989 OF 2013

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The petitioner, if, has reason to believe that any one of the prayers made in the Writ Petition still subsists, the petitioner is given liberty to pray for recalling this Judgment.

Sd/-

S.V.BHATTI

JUDGE

RMV

WP(C).No.25989 OF 2013

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1	EXT.P1 - TRUE COPY OF THE MINUTES OF THE MEETING HELD ON 18-10-1989
EXHIBIT P2	EXT.P2 - TRUE COPY OF THE LETTER DATED 7-5- 1990 ISSUED BY THE FIRST RESPONDENT TO THE PETITIONER ASSOCIATION.
EXHIBIT P3	EXT.P3- TRUE COPY OF THE SETTLEMENT MEMORANDUM DATED 25-4-1991 EXECUTED BETWEEN THE PETITIONERS, RESPONDENTS 3 & 4 ASSOCIATIONS AND RESPONDENTS 5 & 6 UNIONS.
EXHIBIT P4	EXT.P4 - TRUE COPY OF THE CONCILIATION SETTLEMENT DATED 20-08-1992 ARRIVED BETWEEN THE CONTRACTORS OF THE FIRST RESPONDENT COMPANY AND THE WORKERS, WHO ARE REPRESENTING 5TH AND 6TH RESPONDENTS.
EXHIBIT P5	EXT.P5 - TRUE COPY OF THE TERMS AND CONDITIONS PASSED BY THE FIRST RESPONDENT.
EXHIBIT P6	EXT.P6 - TRUE COPY OF THE MEMORANDUM OF ASSOCIATION EXECUTED ON 24-09-2008 BETWEEN THE FIRST RESPONDENT COMPANY, 3RD AND 4H RESPONDENT CONTRACTORS' ASSOCIATION AND 5TH AND 6TH UNIONS.
EXHIBIT P7	EXT.P7 - TRUE COPY OF THE JUDGMENT DATED 06-06-2006 PASSED BY THIS HONOURABLE COURT IN WPC.23798 OF 2005.
EXHIBIT P8	EXT.P8 - TRUE COPY OF THE COMPLAINT DAED 17-5-2012 LODGED BY THE PETITIONERS BEFORE THE 2ND RESPONDENT LABOUR COMMISSIONER.

Kochi Refinery Evictees Construction Workers' Association (C.R.E.C.W.a) v. M/S.Bharat Petroleum Corporation Limited-Kochi Refinery

Case brief

What is this about?

What did the court decide?

Kochi Refinery Evictees Construction Workers' Association (C.R.E.C.W.a) v. M/S.Bharat Petroleum Corporation Limited-Kochi Refinery

Case brief

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