Allowed

Asgar v. P.S.Balakrishna Kamath

Kerala HC7 Feb 2020WP(C)/3474/2020

Case brief

AI extract

What is this about?

This judgment disposed of two writ petitions seeking directions to the Labour Court, Kozhikkode, to file and decide pending applications to set aside ex parte orders. The High Court also directed that revenue recovery proceedings based on an award must remain in abeyance until the Labour Court's order is passed.

What did the court decide?

Directing the Labour Court to take up Exts. P4 and P5 applications expeditiously within 6 weeks and to keep coercive proceedings under Ext. P3 in abeyance.

Asgar Vs P.S.Balakrishna Kamath — Labour and Industrial Disputes | Kerala HC (2020)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

¶4

FRIDAY, THE 07TH DAY OF FEBRUARY 2020 / 18TH MAGHA, 1941

¶5

WP(C).NO.3474 OF 2020(H)

¶6

PETITIONER :

¶7

ASGAR, S/O. HANEEFA, FARM HOUSE, PARASUVAIKKAL VILLAGE, KOTTAMAM POST, NEYYATTINKARA TALUK, THIRUVANANTHAPURAM-695121.

¶8

BY ADVS. SRI.TERRY V.JAMES SRI.MATHEWS K.UTHUPPACHAN SRI.SHARAN SHAHIER

¶9

RESPONDENTS :

¶10

1 P.S.BALAKRISHNA KAMATH S/O. SADANANDA KAMATH, PULIKKAL VEEDU, KANNAVELI POST, KOCHI-682002.

¶11

2 MAHENDRAKUMAR, DIRECTOR, NATIONAL SPICES PLANTATION PVT LTD, NELLIAMPATHY, CHITTOOR, PALAKKAD-678508.

¶12

3 THE LABOUR COURT, WAYAND ROAD, CIVIL STATION, ERANHIPPALAM, KOZHIKODE-673020

¶13

4 THE DEPUTY TAHSILDAR, NEYYATTINKARA, TALUK OFFICE, ALUMOODU, THIRUVANANTHAPURAM-695121.

¶14

SRI RON BASTIAN GOVERNMENT PLEADER

¶15

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07.02.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶16

WP(C).Nos.3474 & 3493 OF 2020(J) 2

¶17

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶18

PRESENT

¶19

THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

¶20

FRIDAY, THE 07TH DAY OF FEBRUARY 2020 / 18TH MAGHA, 1941

¶21

WP(C).NO.3493 OF 2020(J)

¶22

PETITIONER :

¶23

ASGAR, S/O. HANEEFA, FARM HOUSE, PARASUVAIKKAL VILLAGE, KOTTAMAM POST, NEYYATTINKARA TALUK, THIRUVANANTHAPURAM - 695 121.

¶24

BY ADVS. SRI.MATHEWS K.UTHUPPACHAN SRI.TERRY V.JAMES SRI.SHARAN SHAHIER

¶25

RESPONDENTS :

¶26

1 P. S. VISWAMBHARAN S/O. SREENIVASAN, SHYAM HOUSE, SRI VENKITESWARA LAY OUT, Y. C. PALAYAM, NEAR ADORNA BHAVAN, K. R. PURAM, BANGALORE - 560036.

¶27

2 MAHENDRAKUMAR, DIRECTOR, NATIONAL SPICES PLANTATION PVT. LTD., NELLIAMPATHY, CHITTOOR, PALAKKAD - 678 508.

¶28

3 THE LABOUR COURT WAYANAD ROAD, CIVIL STATION, ERANHIPPALAM, KOZHIKODE - 673020.

¶29

4 THE DEPUTY TAHSILDAR NEYYATINKARA TALUK OFFICE, ALUMMODU, THIRUVANANTHAPURAM - 695 121.

¶30

SRI RON BASTIAN GOVERNMENT PLEADER

¶31

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07.02.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶32

WP(C).Nos.3474 & 3493 OF 2020(J) 3

¶33

JUDGMENT

¶34

Claiming arrears of benefits, separate claim petitions were filed by the workers of the Anamanada Estate against the petitioner and the 2^nd respondent, who are the co-owners. Since the opposite parties failed to appear despite receipt of summons, a common order was passed against them after setting them ex parte. Seeking to set aside the ex parte order and praying for condoning the delay, separate applications were filed by the petitioner in both the claim petitions and the same is pending consideration before the Labour Court, Kozhikkode. Meanwhile, proceedings have been initiated to recover the amounts due under the award by initiating Revenue Recovery Proceedings. It is in the aforesaid circumstances that these Writ Petitions are filed seeking a direction to the Labour Court, Kozhikkode to take up and pass orders in Exhibits P3 and P4 applications and to keep the coercive proceedings in abeyance till such time.

¶35

Sri. Terry V. James, the learned counsel appearing for the petitioner relied on the judgment of the Apex Court in Haryana Suraj Malting Ltd. vs. Phool Chand1 and it was argued that the Labour Court would not become functus officio after an award become enforceable and it is well within its power to entertain an application as per the

¶36

1[2018 (16) SCC 567]

¶37

WP(C).Nos.3474 & 3493 OF 2020(J) 4

¶38

scheme of the Act and in terms of the rules for natural justice.

¶39

Heard the learned Government Pleader. In view of the nature of

¶40

order I propose to pass, notice to the party respondents are dispensed with.

¶41

Having considered the facts and circumstances, and the submissions made across the bar, I dispose of these Writ Petitions directing the Labour Court, Kozhikkode to take up Exts.P4 and P5 applications filed by the petitioner and pass appropriate orders in accordance with law, expeditiously, at any rate, within a period of 6 weeks from today. Until orders are passed as directed above, coercive proceedings pursuant to Ext.P3 in these cases shall be kept in abeyance.

¶42

Sd/-

¶43

RAJA VIJAYARAGHAVAN V

¶44

JUDGE

¶45

¶46

WP(C).Nos.3474 & 3493 OF 2020(J) 5

¶47

APPENDIX IN W.P.(C) NO.3474/2020

¶48

PETITIONER(S) EXHIBITS:

¶49

EXHIBIT P1 TRUE COPY OF COMMON ORDER DATED 27.6.2018 IN C.P.NOS.9/2017 AND 10/2017 OF THE 3RD RESPONDENT.

¶50

EXHIBIT P2 TRUE COPY OF MEMORANDUM OF SETTLEMENT DATED 6.3.2018 PRODUCED IN C.P NO.9/2017.

¶51

EXHIBIT P3 TRUE COPY OF DEMAND NOTICES DATED 15.07.2019 UNDER SECTION 7 AND SECTION 34 OF THE KERALA REVENUE RECOVERY ACT OF THE 4TH RESPONDENT.

¶52

EXHIBIT P4 TRUE COPY OF IA NO.138/2019 DATED 11.12.2019 IN C.P. NO.9/2019 BEFORE THE LABOUR COURT, KOZHIKODE.

¶53

EXHIBIT P5 TRUE COPY OF IA NO.139/2019 DATED 11.12.2019 IN CP NO.9/2019 BEFORE THE LABOUR COURT, KOZHIKODE.

¶54

WP(C).Nos.3474 & 3493 OF 2020(J) 6

¶55

APPENDIX IN W.P.(C) NO.3493/2020

¶56

PETITIONER(S) EXHIBITS:

¶57

EXHIBIT P1 TRUE COPY OF COMMON ORDER DATED 27.6.2018 IN C.P.NOS.10/2017 AND C.P.NO.9/2017 OF THE 3RD RESPONDENT.

¶58

EXHIBIT P2 TRUE COPY OF MEMORANDUM OF SETTLEMENT DATED 6.3.2018 PRODUCED IN C.P.NO.10/2017.

¶59

EXHIBIT P3 TRUE COPY OF DEMAND NOTICES DATED 15.7.2019 UNDER SECTION 7 AND SECTION 34 OF THE KERALA REVENUE RECOVERY ACT OF THE 4TH RESPONDENT. EXHIBIT P4 TRUE COPY OF I.A.NO.138/2019 DATED 11.12.2019 IN C.P.NO.10/2019 BEFORE THE LABOUR COURT, KOZHIKODE. EXHIBIT P5 TRUE COPY OF I.A.NO.139/2019 DATED 11.12.2019 IN C.P.NO.10/2019 BEFORE THE LABOUR COURT, KOZHIKODE.

¶60

RESPONDENT(S) EXHIBITS: NIL

Asgar v. P.S.Balakrishna Kamath

Case brief

What is this about?

What did the court decide?

Asgar v. P.S.Balakrishna Kamath

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

Saraswathy Amma Vs the Executive Engineer

Sunder Wheat Roller Flour Mills Private Ltd. Vs Kerala State Electricity Board

The Assistant Engineer, Electrical Section Vs the Sub Divisional Engineer

Ibrahim Vs State of Kerala

The Assistant Executive Engineer,, Vs Sam C.K.

Asgar Vs P. S. Viswambharan