Disposed

Bobina Jacob v. the Labour Commissioner

Kerala HC7 Jan 2021WP(C)/348/2021

Case brief

AI extract

What is this about?

The High Court of Kerala ordered the Labour Commissioner (2nd respondent) to expedite the disposal of pending complaints filed by the petitioner against the employer (3rd respondent) regarding reinstatement and benefits, ensuring proper notice is given to the employer before any decision.

What did the court decide?

Direction to 2nd respondent to take up and dispose of Exts.P3 and P5 expeditiously with notice to 3rd respondent within three months.

Bobina Jacob Vs the Labour Commissioner — Labour and Industrial Disputes | Kerala HC (2021)

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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 DEVAN RAMACHANDRAN

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THURSDAY, THE 07TH DAY OF JANUARY 2021 / 17TH POUSHA, 1942

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WP(C).No.348 OF 2021(P)

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PETITIONER:

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BOBINA JACOB AGED 56 YEARS D/O.JACOB, CHAIKULATHUMYALIL HOUSE, KURAVALANGADU.P.O, KOTTAYAM, PIN-686 633.

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BY ADVS. SRI.M.V.THAMBAN SRI.R.REJI SRI.ARUN BOSE SMT.THARA THAMBAN SRI.B.BIPIN SMT.DEEPA SREENIVASAN

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RESPONDENTS:

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1 THE LABOUR COMMISSIONER LABOUR COMMISSIONERATE , THIRUVANANTHAPURAM-695 033. 2 THE DISTRICT LABOUR OFFICER, (ENFORCEMENT), COLLECTORATE.P.O, KOTTAYAM- 686 002.

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3 GEORGE ANTONY, MANAGING PARTNER, ANTONY'S TEXTILES, THALAYOLAPARAMBU, KOTTAYAM,PIN-686 605.

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SRI. RAVI KRISHNAN - GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.348 OF 2021(P)

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JUDGMENT

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Dated this the 7th day of January 2021

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The petitioner has approached this Court

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seeking a direction to respondents 1 and 2 to

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take all steps to ensure that the 3^rd respondent - Managing partner of M/s.Antony's Textiles, pays her the eligible benefits and also to reinstate her in service forthwith.

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After praying as afore, the learned

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counsel for the petitioner submitted that his

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client has already preferred Exts P3 and P5 petitions before the 2^nd respondent and alternatively prayed that the same be directed to be taken up and disposed of at the earliest.

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Shri.Ravi Krishnan, learned Government

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Pleader appearing on behalf of the 1^st and 2^nd respondents, submitted that if the petitioner

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only requires Exts.P3 and P5 to be taken up

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WP(C).No.348 OF 2021(P)

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and disposed of, there is no legal impediment

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in doing so; but prayed that this Court may not make any affirmative declarations in

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favour of the petitioner and allow the

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competent Authority to take a decision thereon as per law.

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Even though this Court has not issued

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notice to the 3^rd respondent, I am of the view that I will be justified in disposing of this writ petition in the manner below, since it will cause no prejudice to the said

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respondent.

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Resultantly, taking note of the limited relief sought for by the petitioner, I order

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this writ petition and direct the 2^nd

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respondent to take up Exts.P3 and P5

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preferred by the petitioner and to dispose of the same, after affording an opportunity of

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being heard to him as also to the 3^rd respondent - either physically or through

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WP(C).No.348 OF 2021(P)

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video conferencing – culminating an appropriate order thereon, as expeditiously as is possible but not later than three months from the date of receipt of a copy of this judgment.

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I reiteratingly make it clear that since this Court has not issued notice to the 3^rd respondent, the 2^nd respondent will complete the afore exercise only after properly notifying the said respondent and after considering his version in terms of law.

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This writ petition is thus ordered.

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Sd/-

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DEVAN RAMACHANDRAN

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JUDGE

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WP(C).No.348 OF 2021(P)

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE REPRESENTATION FILED BEFORE THE 2ND RESPONDENT DATED 10.11.2016 EXHIBIT P2 TRUE COPY OF THE NOTICE DATED 22.12.2016 EXHIBIT P3 TRUE COPY OF THE REPRESENTATION FILED BEFORE THE 2ND RESPONDENT DATED 19.12.2019 EXHIBIT P4 TRUE COPY OF THE NOTICE ISSUED BY THE 2ND RESPONDENT DATED 03.03.2020 EXHIBIT P5 TRUE COPY OF THE REPRESENTATION DATED 30.12.2020.

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RESPONDENT'S/S EXHIBITS: NIL

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//TRUE COPY// PA TO JUDGE

Bobina Jacob v. the Labour Commissioner

Case brief

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Bobina Jacob v. the Labour Commissioner

Case brief

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