Court disposed of writ petition alleging illegal termination and salary denial, holding the matter for Labour department adjudication via District Labour Officer upon filing of reference.
Writ petition disposed with direction to District Labour Officer to take appropriate action on reference IR-1398/2020.
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.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE SMT. JUSTICE P.V.ASHA
FRIDAY, THE 29TH DAY OF JANUARY 2021 / 9TH MAGHA, 1942
WP(C).No.10900 OF 2020(J)
PETITIONER:
PRIYA P., W/O. SUCHESH M., PERMANENTLY RESIDING AT MANNARAKKAL, PULLALOOR VILLAGE, MADAVOOR, NARIKUNNI, PARANNUR, KOZHIKODE, KERALA, PIN-673 585.
BY ADVS.
SRI.GAJENDRA SINGH RAJPUROHIT SRI.AKHIL GEORGE
RESPONDENTS:
1 NATIONAL DISASTER MANAGEMENT EXECUTIVE COMMITTEE, REPRESENTED BY SECRETARY, MINISTRY OF HOME AFFAIRS, NORTH BLOCK, CENTRAL SECRETARIAT, NEW DELHI, PIN-110 001.
2 COMMISSIONER OF POLICE, PATTALAM ROAD, IN FRONT OF TOWN EAST POLICE STATION, SAKTHAN THAMPURAN NAGAR, VELIYANNUR, THRISSUR, KERALA-680 001.
3 JANAM MULTIMEDIA LIMITED, REPRESENTED BY ITS DIRECTOR, G-1, RUBY ENCLAVE, POTTAYIL LANE, M.G. ROAD, THRISSUR, KERALA. PIN-680 004.
4 HUMAN RESORUCE AND ADMIN MANAGER, JANAM MULTIMEDIA LIMITED, G-1, RUBY ENCLAE, POTTAYIL LANE, M.G. ROAD, THRISSUR, KERALA. PIN-680 004.
5 STATE OF KERALA, REPRESENTED BY ITS SECRETARY, CENTRAL STADIUM, MAHATHMA GANDHI ROAD, NEAR, JUNCTION, PALAYAM, THIRUVANANTHAPURAM, KERALA-695 001.
WP(C).No.10900 OF 2020(J)
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*ADDL.R6 IS IMPLEADED AS PER ORDER DATED 29.01.2021 IN I.A.NO.1/2021 IN WP(C) NO.10900/2020.
BY ADVS. SMT.VINITHA.B, GOVERNMENT PLEADER SRI.P.VIJAYAKUMAR, ASGI
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.10900 OF 2020(J)
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JUDGMENT
This writ petition was filed on 01.06.2020 aggrieved by the alleged illegal termination as well as denial of salary to the petitioner.
2. The learned counsel for the petitioner submits that petitioner has already approached
the District Labour Officer and the same is treated as IR-1398/2020.
Therefore, as this is a matter to be adjudicated by the appropriate authorities under the Labour department, the writ petition is disposed of with a direction to the District Labour Officer to take appropriate action on IR-1398/2020, in accordance with
law.
Sd/-
P.V.ASHA
JUDGE
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WP(C).No.10900 OF 2020(J)
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APPENDIX
PETITIONER'S EXHIBITS:
| EXHIBIT P1 | A TRUE PHOTOSTAT COPY OF THE OFFICER ISSUED TO THE PETITIONER BY THE RES NO.3 COMPANY DATED 10.07.2018. |
LETTER PONDENT |
|---|---|---|
| EXHIBIT P2 | A TRUE PHOTOSTAT COPY OF THE STATEMENT OF PETITIONER NO.1 ACCOUNT MONTH OCTOBER 2019. |
SALARY IN THE |
| EXHIBIT P3 | A TRUE PHOTOSTAT COPY OF THE REPRESE SENT VIDE E-MAIL DATED 13.05.2020. |
NTATION |
| EXHIBIT P4 | A TRUE PHOTOSTAT COPY OF TERMINATION DATED 19.05.2020. |
LETTER |
| EXHIBIT P5 | A TRUE PHOTOSTAT COPY OF THE ORDER 3/2020-DM-1(A) ISSUED BY THE MINIS HOME AFFAIRS DATED 29.03.2020. |
NO.40- TRY OF |
| EXHIBIT P6 | A TRUE PHOTOSTAT COPY OF THE LAWYER SENT TO RESPONDENT NO.3 AND RESPONDE DATED 23.05.2020. |
NOTICE NT NO.4 |
| EXHIBIT P7 | A TRUE COPY OF THE REPRESENTATION THE PETITIONER VIDE 25.05.2020. |
SENT BY DATED |
| EXHIBIT P8 | A TRUE COPY OF REPRESENTATION SENT LABOUR OFFICER, THRISSUR DATED 19/06 |
TO THE /2020. |
2 issues framed by the court
Whether the termination and denial of salary fall under the domain of the Labour department requiring adjudication by the District Labour Officer instead of writ jurisdiction.
Whether the writ petition should be disposed of with a direction to the District Labour Officer to take appropriate action on the registered reference.
PRIYA P.
NATIONAL DISASTER MANAGEMENT EXECUTIVE COMMITTEE
COMMISSIONER OF POLICE, THRISSUR
JANAM MULTIMEDIA LIMITED
HUMAN RESORUCE AND ADMIN MANAGER
STATE OF KERALA
P.V. ASHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
