The petitioner challenged a Labour Court award affirmed by two prior High Court judgments. The court held that since the matter was already adjudicated and affirmed, nothing survived, dismissing the writ petition as pointless.
The writ petition was dismissed; no relief granted.
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 MR. JUSTICE SHAJI P.CHALY
TUESDAY, THE 30TH DAY OF MARCH 2021 / 9TH CHAITHRA, 1943
WP(C).No.8504 OF 2012(K)
PETITIONER
CHANDINI P.P. AGED 49 YEARS P.A. TO THE MANAGING DIRECTOR, MALABAR REGIONAL CO-OPERATIVE MILK PRODUCER'S UNION LTD., HEAD OFFICE, PERINGALAM, KOZHIKODE, PIN-673 571.
BY ADVS. SRI.SANTHOSH KUMAR SRI.K.P.CHANDRASEKHAR SRI.LUIZ GODWIN D' COUTH SRI.P.V.JAYACHANDRAN
RESPONDENTS:
1 THE MALABAR REGIONAL MILK PRODUCERS UNION LIMITED HEAD OFFICE PERINGALAM, KOZHIKODE-673 571, REPRESENTED BY ITS MANAGING DIRECTOR.
2 THE SECRETARY KERALA CO-OPERATIVE MILK MARKETING FEDERATION LIMITED EMPLOYEES UNION (INTUC), INDIAN NATIONAL TRADE UNION CONGRESS, PALLIKKUNNU, KANNUR DIARY 673571
3 THE LABOUR COURT, KANNUR, 673 571
R1 BY ADV. SRI.B.S.KRISHNANSR., SC, MILMA SMT.LATHA ANAND
R2 BY ADV. SRI.S.M.PRASANTH R2 BY ADV. SRI.K.RAMAKUMAR SR.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26-032021, THE COURT ON 30-03-2021 DELIVERED THE FOLLOWING:
WP(C).No.8504 OF 2012(K)
2
JUDGMENT
Dated this the 30th day of March 2021
This writ petition is filed by the worker in ID 17/98 challenging the award passed by the Labour Court, Kannur dated 09.5.2005. The very same award was challenged by the management i.e. the Malabar Regional Co-operative Milk Producers Union in W.P.(C) No.22111/2006, which was dismissed by a learned Single Judge of this Court on 13.12.2011. The said judgment was challenged by the petitioner in this writ petition, however the judgment of the learned Single Judge was affirmed by the Division Bench in W.A.No.828/2012 dated 21.07.2014.
the award passed by the Labour Court was upheld and affirmed by the aforesaid judgments, nothing survives in this writ petition to be considered, since the matter is already adjudicated.
WP(C).No.8504 OF 2012(K)
Needless to say the writ petition fails.
Accordingly, it is dismissed.
Sd/-
SHAJI P.CHALY
JUDGE
hmh
WP(C).No.8504 OF 2012(K)
APPENDIX
PETITIONER'S/S EXHIBITS:
| EXHIBIT | P1 TRUE COPY OF THE 03/02/1989 OF SRI THE MANAGING DIRE |
REQUEST LETTER DATED . P. KRISHNAN BEFORE CTOR. |
|---|---|---|
| EXHIBIT | P2 TRUE COPY OF THE SRI.P.KRISHNAN FR CANNANNORE. |
ORDER TRANSFERRING OM CALICUT TO |
| EXHIBIT | P3 TRUE COPY OF THE PETITIONER DATED |
REQUEST OF THE 11/02/1989. |
| EXHIBIT | P4 TRUE COPY OF THE PETITIONER TO CAL |
ORDER TRANSFERRING ICUT. |
| EXHIBIT | P5 TRUE COPY OF THE TRANSFER POLICY. |
ORDER REGARDING THE |
| EXHIBIT | P6 TRUE COPY OF TH C 30/06/1996 ALONG |
IRCULAR DATED WITH SENIORITY LIST. |
| EXHIBIT | P7 TRUE COPY OF THE 25/03/1994. |
PROMOTION ORDER DATED |
| EXHIBIT | P8 TRUE COPY OF THE THE PETITIONER AP MANAGING DIRECTOR |
APPOINTMENT ORDER OF POINTING AS P.A. TO THE . |
| EXHIBIT | P9 TRUE COPY OF FINA EMPLOYEES OF KANN 07/02/1996. |
L SENIORITY LIST OF UR UNIT DATED |
| EXHIBIT | P10 TRUE COPY OF THE DATED 05/09/2005. |
LABOUR COURT AWARD |
| EXHIBIT | P11 TRUE COPY OF SHOW 18/02/2012. |
CAUSE NOTICE DATED |
| EXHIBIT | P12 TRUE COPY OF THE OF THE PETITIONER |
LETTER DATED 21/02/2012 . |
| EXHIBIT RESPOND |
P13 TRUE COPY OF THE PROCEEDINGS DATED OF PROMOTION POLI ENT'S/S EXHIBITS: NIL |
RELEVANT EXTRACT OF 07/02/1991 IN RESPECT CY. |
2 issues framed by the court
Whether a writ petition challenging an affirmed Labour Court award can succeed when the judgment below has been affirmatively reviewed.
Whether any matter survives to be considered when the award was already adjudicated and affirmed in previous judgments.
Chandini P.P.
The Malabar Regional Milk Producers Union Limited
The Secretary Kerala Co-operative Milk Marketing Federation Limited Employees Union
The Labour Court, Kannur
Shaji P. Chaly
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
