Disposed

Modern Steels v. Kerala Chumattu Thozhilali Union

Kerala HC2 Dec 2019WP(C)/28106/2019

Case brief

AI extract

What is this about?

The High Court made an interim order in this writ petition absolute, clarifying that the petitioner can engage workers holding the contested identity cards for loading and unloading works, subject to the outcome of the pending appeal against those cards.

What did the court decide?

The interim order directing the second respondent to afford protection to the petitioner to carry out loading and unloading works by engaging workers with valid identity cards was made absolute.

Modern Steels Vs Kerala Chumattu Thozhilali… — Labour and Industrial Disputes | Kerala HC (2019)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR

¶4

MONDAY, THE 02ND DAY OF DECEMBER 2019 / 11TH AGRAHAYANA, 1941

¶5

WP(C).No.28106 OF 2019(K)

¶6

PETITIONER:

¶7

MODERN STEELS, BYE-PASS ROAD, AKKIKKAVU, THRISSUR-680 519, REPRESENTED BY ITS PARTNER, SHIJO CHACKO.

¶8

BY ADVS. SRI.K.K.PREMALAL SRI.VISHNU JYOTHIS LAL

¶9

RESPONDENTS:

¶10

1 KERALA CHUMATTU THOZHILALI UNION, POOL-12, PAREMPADAM UNIT, AKATHIYUR P.O, KUNNAMKULAM-680 519, REPRESENTED BY ITS POOL LEADER, JAYAN.

¶11

2 THE S.H.O, KUNNAMKULAM POLICE STATION, THRISSUR DISTRICT, PIN-680 503.

¶12

3 THE CHAIRMAN, KERALA HEAD LOAD WORKERS' WELFARE FUND SCHEME, KUNNAMKULAM, THRISSUR-680 503

¶13

R1 BY ADV. SRI.V.P.PRASAD R3 BY ADV. SRI.S.KRISHNA MOORTHY(ERNAKULAM) SC SRI.P.P. THAJUDHEEN SR GP

¶14

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02.12.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶15

¶16

W.P. (C) No. 28106 of 2019

¶17

W.P. (C) No. 28106 of 2019

¶18

J U D G M E N T

¶19

Heard the learned counsel for the petitioner, the

¶20

learned Government Pleader as also the learned counsel for respondents 1 and 3.

¶21

It is seen that after hearing the petitioner, the

¶22

learned Government Pleader and the learned counsel for the third res pondent, this Court has passed an interim order on 23.10.2019 directing the second respondent to afford protection to the petitioner to carry out the loading and unloading works in their establishment by engaging workers to whom Ext.P3 series identity cards are issued.

¶23

Today, when this matter was taken up, the learned counsel for the contesting respondent namely, the first respondent submitted that Ext.P3 series identity cards have been challenged in appeal and the same is pending. It was, however, conceded by the learned counsel that there is no

¶24

¶25

W.P. (C) No. 28106 of 2019

¶26

interim order in the said appeal and therefore, the identity cards are valid as of now.

¶27

Insofar as Ext.P3 series identity cards are valid as of now, the right of the petitioner to carry out the loading and unloading works in their establishment by engaging workers to whom the said identity cards are issued cannot be questioned.

¶28

In the circumstances, the writ petition is closed making the interim order absolute and clarifying that the interim order issued by this Court which is made absolute in terms of this judgment would be subject to the outcome of the appeal stated to be pending.

¶29

Sd/-

¶30

P.B.SURESH KUMAR, JUDGE.

¶31

YKB

¶32

¶33

W.P. (C) No. 28106 of 2019

¶34

APPENDIX

¶35

PETITIONER'S/S EXHIBITS:

¶36

EXHIBIT P1 THE TRUE COPY OF THE LICENSE DATED 22.05.2019 ISSUED TO THE PETITIONER.

¶37

EXHIBIT P2 THE TRUE COPIES OF THE REGISTRATION CERTIFICATED DATED 23.07.2019.

¶38

EXHIBIT P3 THE TRUE COPY OF THE COPIES OF THE IDENTITY CARDS ISSUED TO THE WORKERS OF THE PETITIONER ESTABLISHMENT.

¶39

EXHIBIT P4 THE TRUE COPY OF THE COMPLAINT DATED 03.10.2019 FILED BEFORE THE RESPONDENT NO.2.

¶40

EXHIBIT P5 THE TRUE COPY OF THE ACKNOWLEDGEMENT DATED 04.10.2019 OF THE COMPLAINT.

¶41

RESPONDENT'S/S EXHIBITS:

¶42

EXHIBIT R1A TRUE COPY OF WORK CARD DATED 31.10.2018

¶43

EXHIBIT R1 B TRUE COPY OF WORK CARD DATED 1.11.2018

¶44

EXHIBIT R1 C TRUE COPY OF NOTICE DATED 25-9-2019

¶45

EXHIBIT R1 D TRUE COPY OF STATEMENT 7-11-2019

¶46

//TRUE COPY//

¶47

PA TO JUDGE

¶48

YKB

Modern Steels v. Kerala Chumattu Thozhilali Union

Case brief

What is this about?

What did the court decide?

Modern Steels v. Kerala Chumattu Thozhilali Union

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

M/S. Athulya Architects and Associates Vs Ahalia International Foundation

Rajeev G Vs R.Girija

C.J.Anto Vs Indus Ind Bank

Master Gautham Prasanth Vs State of Kerala

Varghese Chacko Vs State of Kerala

Sajeer Vs State of Kerala