In a contempt case regarding non-compliance with an earlier judgment in a writ petition, the Court closed the proceedings by deciding that specific grievances regarding payment amounts and reinstatement claims were not suitable for consideration in contempt proceedings.
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.
Con.Case(C).No.411/19 IN WP(C).38339/17
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
TUESDAY, THE 14TH DAY OF JANUARY 2020 / 24TH POUSHA, 1941
Con.Case(C).No.411 OF 2019 IN WP(C). 38339/2017
AGAINST THE ORDER/JUDGMENT IN WP(C) 38339/2017(N) OF HIGH COURT OF KERALA
PETITIONER:
C.LEELA, AGED 72 YEARS W/O.NARAYANAN, MAMBAZHATH VEEDU, ADICHANALLOOR .P.O, PIN-691573.
BY ADV. SRI.P.N.MOHANAN
RESPONDENTS:
1 G. SHAJI KUMAR, AGED 47 YEARS S/O.GOPINATHAN ACHARY, MANAGING DIRECTOR IN CHARGE, ADICHANALLOR FARMERS SERVICE CO-OPEARTIVE BANK LTD.NO.2609 ADICHANALLOOR.P.O., KOLLAM PIN-691573, RESIDING AT SHAJI NIVAS, PLAKKADU, ADICHANALLOOR.P.O., KOLLAM 691573.
2 K.NAZARUDEEN AGED 52 YEARS S/O.KASSIN KUNJU, BOARD OF DIRECTOR, ADICHANALLOOR FARMERS SERVICE CO-OPERATIVE BANK LTD.NO.2609, ADICHANALLOOR.P.O., KOLLAM, PIN-691573, RESIDING AT NEDIYAZHIKAM, KUNDUMEN, ADICHANALLOOR.P.O., KOLLAM-691573.
R1 BY ADV. SMT.SINDHU SANTHALINGAM R1 BY ADV. SRI.A.D.SHAJAN
SR. ADV. P. SANTHALNGAM
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING BEEN FINALLY HEARD ON 14.01.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Con.Case(C).No.411/19 IN WP(C).38339/17
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JUDGMENT
This Contempt of Court Case is filed alleging non compliance with Annexure-A3 judgment of this Court. The writ petition had been filed by the Co-operative Society challenging Annexures-A1 and A2 orders obtained by the petitioner. The direction in Annexures-A1 and A2 was for regularization of service of the petitioner as part-time sweeper and for payment of wages in accordance with the Government Orders and Circulars.
Con.Case(C).No.411/19 IN WP(C).38339/17
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petitioner and the said amount does not represent the amounts actually due.
Con.Case(C).No.411/19 IN WP(C).38339/17
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Case filed against the judgment rendered in a writ petition filed by the Society.
In the above view of the matter, this Contempt of Court Case is closed, leaving open the contentions of the parties and reserving liberty to the petitioner in the Contempt of Court Case to move appropriate proceedings for reliefs in accordance with law.
Sd/-
ANU SIVARAMAN JUDGE
SVP
Con.Case(C).No.411/19 IN WP(C).38339/17
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APPENDIX
PETITIONER'S/S EXHIBITS:
| ANNEXURE A1 | A TRUE COPY OF THE 16/02/2017 IN ARC. |
AWARD DATED NO.34/2014. |
|---|---|---|
| ANNEXURE A2 | A TRUE COPY OF THE 16/08/2017 IN A.P. |
JUDGMENT DATED NO.28/2017. |
| ANNEXURE A3 | A TRUE COPY OF THE 20/03/2018 IN WP(C |
JUDGMENT DATED )NO.38339/2017. |
| ANNEXURE A4 | A TRUE COPY OF THE 23/07/2018 IN W.A. |
JUDGMENT DATED NO.1413/2018. |
| ANNEXURE A5 | THE ORIGINAL NOTAR 25.7.2019 IN THE N |
IZED AFFIDAVIT DATED AME OF THE PETITIONER |
| ANNEXURE A6 | A TRUE COPY OF THE PETITIONER SHOWING 10.2.1957 |
AADHAAR CARD OF THE THE DATE OF BIRTH AS |
| ANNEXURE A7 | A TRUE COPY OF THE DUE TO THE PETITIO THE ASSISTANT REGI |
STATEMENT OF AMOUNTS NER SUBMITTED BEFORE STRAR (G), KOLLAM |
| ANNEXURE A8 | A TRUE COPY OF THE 30.5.2016 SENT BY (G), KOLLAM TO THE |
COMMUNICATION DATED THE JOINT REGISTRAR PETITIONER |
RESPONDENT'S/S EXHIBITS:
| ANNEXURE R1(a) | A TRUE COPY OF THE STATEMENT SHOWING THE AMOUNT PAYABLE TO THE PETITIONER WITH 9% INTEREST. |
|---|---|
| ANNEXURE R1(b) | A TRUE COPY OF THE RECIEPT DTD.5/3/2019 AND AMOUNT OF Rs.2,00,000/- |
| ANNEXURE R1(c) | A TRUE COPY OF THE RECEIPT DTD.22/4/2019 AND AMOUNT OF RS.50,000/- |
| ANNEXURE R1(d) | A TRUE COPY OF THE RECEIPT DTD.1/7/2019 AND AMOUNT OF RS.1,50,000/- |
| ANNEXURE R1(e) | A TRUE COPY OF THE RELEVANT EXTRACT OF THE ENDORSEMENT MADE IN THE BANK REGISTER DTD.20/7/2019 |
Con.Case(C).No.411/19 IN WP(C).38339/17
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ANNEXURE R1(f) A TRUE COPY OF THE CIRCULAR NO.46/2000 ISSUED BY THE REGISTRAR OF CO-OP, SOCIETIES LTD. THRIUVANANTHAPURAM ANNEXURE R1(g) A TRUE COPY OF THE CIRCULAR NO.13/11 ISSUED BY THE REGISTRAR OF CO-OP, SOCIETIES LTD. THIRUVANANTHAPURAM ANNEXURE R1(h) A TRUE COPY OF THE RELEVANT EXTRACT OF THE MEMBERSHIP REGISTER OF THE KERALA CASHEW WORKERS RELIEF AND WELFARE FUND SCHEME 1988
THE MEMBERSHIP REGISTER OF THE KERALA CASHEW WORKERS RELIEF AND WELFARE FUND SCHEME 1988.
C.Leela
G. Shaji Kumar
K.Nazarudeen
Anu Sivaraman
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
