Disposed

The General Secretary, Kerala Uranma Devaswom Board v. v.Gopalakrishnan

Kerala HC24 Jul 2024OP(LC)/24/2021

Case brief

AI extract

What is this about?

The High Court disposed of anオペration order petition directing the Labour Court, Kollam, to consider specific delay condonation petitions and set aside an ex-parte award due to a change in the temple management. No relief was granted ex-parte.

What did the court decide?

Directed Labour Court to consider applications for condonation of delay and set aside ex-parte award.

The General Secretary, Kerala Uranma Devaswom… — Labour and Industrial Disputes | Kerala HC (2024)

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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 N.NAGARESH

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WEDNESDAY, THE 24^TH DAY OF JULY 2024 / 2ND SRAVANA, 1946 OP(LC) NO. 24 OF 2021

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AGAINST THE ORDER / JUDGMENT IN C.P.NO.25 OF 2019 IN ID NO.25 OF 2012 OF THE LABOUR COURT, KOLLAM

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PETITIONER:

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THE GENERAL SECRETARY, KERALA URANMA DEVASWOM BOARD ADMINISTRATIVE OFFICE, PALLIKKAVU MADOM, VADUTHALA P.O., ERNAKULAM-682023, (PRESENT GENERAL SECRETARY - VASUDEVAN K.B., AGED 65 YEARS, S/O. K.N.BRAHMADATHAN NAMBOOTHIRIPAD, RESIDING AT KANNAMANGALATH MANA, CHERPU P.O., THRISSUR, PIN-680561).

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BY ADV N.ASHOK KUMAR

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RESPONDENTS:

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1 V.GOPALAKRISHNAN AGED 68 YEARS FATHER'S NAME NOT KNOWN TO THE PETITIONER, SREEVISWAM VELIMPARAMBIL, THIRUVAMBADI P.O., ALAPPUZHA, PIN-680022.

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2 THE PRESIDENT, THIRUVAMBADI DEVASWOM, THIRUVAMBADI P.O., ALAPPUZHA, PIN-680022.

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3 THE SECRETARY, THIRUVAMBADI DEVASWOM, THIRUVAMBADI P.O., ALAPPUZHA, PIN-680022.

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4 THE TREASURER, THIRUVAMBADI DEVASWOM, THIRUVAMBADI P.O., ALAPPUZHA, PIN-680022.

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OP(LC)No.24 of 2021

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5 THE PATRON, THIRUVAMBADI DEVASWOM, THIRUVAMBADI P.O., ALAPPUZHA, PIN-680022.

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6 THE STATE OF KERALA, REPRESENTED BY THE SECRETARY, LABOUR DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695001.

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BY ADVS.

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SMT.SHEEJA C., GOVERNMENT PLEADER SRI.V.B.PREMACHANDRAN SRI.K.P.SREEKUMAR (KILIROOR)

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THIS OP (LABOUR COURT) HAVING BEEN FINALLY HEARD ON 24.07.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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OP(LC)No.24 of 2021

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J U D G M E N T

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Dated this the 24^th day of July, 2024

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The petitioner is the 5 th opposite party in C.P.No.25 of 2019 of the Labour Court, Kollam. The 1 st respondent is the petitioner in C.P.No.25 of 2019. Respondents 2 to 5 are respondents 1 to 4 respectively in C.P.No.25 of 2019.

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2 . The petitioner got administration of Thiruvambady Sreekrishna Temple as per agreement dated 15.03.2002 and was put in possession, management and administration of the Temple as per delivery, Kaicheettu dated 19.11.2013 in execution in petition No.61 of 2012 in O.S.No.295 of 2002 of the Munisiff's Court, Alappuzha.

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3 . The Labour Court passed an order directing the petitioner to pay ₹6,25,000/- to the 1 st respondent within one month. Thereafter, the petitioner has filed impleading petition

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OP(LC)No.24 of 2021

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in I.D.No.25 of 2012 to implead them as additional 5 th management party. The petitioner has also filed a review petition to review the Award dated 19.09.2013 as per Ext.P5, along with delay condonation petition, counter statement and stay petition. Labour Court is taking speedy steps to execute Ext.P7 by Revenue Recovery proceedings.

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4 . The petitioner now submits that the petitioner will be satisfied if Exts.P13 and P14 are considered by the Labour Court, Kollam and appropriate decision is taken thereon.

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Taking into consideration the facts of the case, the OP(LC) is disposed of directing the Labour Court, Kollam to consider Exts.P13 and P14 applications for condonation of delay and to set aside the ex-parte Award, taking into consideration the fact that the management of the Temple has also changed now.

Sd/-

N. NAGARESH

JUDGE

ams

OP(LC)No.24 of 2021

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APPENDIX OF OP(LC) 24/2021

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PETITIONER EXHIBITS

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Exhibit P1 A TRUE COPY OF THE CLAIM PETITION NO.25/2019 DATED 10.6.2021 FILED BY THE 1ST RESPONDENT BEFORE THE LABOUR COURT, KOLLAM.

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Exhibit P2 A TRUE COPY OF THE DELAY CONDONATION PETITION DATED 13.11.2019 FILED BY THE 1ST RESPONDENT AS I.A.NO.110/2019 IN C.P.NO.25/2019 OF THE LABOUR COURT, KOLLAM. Exhibit P3 A TRUE COPY OF OBJECTION DATED 9.1.2020 FILED BY THE PETITIONER IN C.P.NO.25/2019 OF THE LABOUR COURT, KOLLAM. Exhibit P4 A TRUE COPY OF THE REJOINDER DATED 12.3.2020 IN C.P.NO.25/2019 FILED BY THE 1ST RESPONDENT BEFORE THE LABOUR COURT, KOLLAM.

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Exhibit P5 A TRUE COPY OF THE AWARD DATED 19.9.2013 IN I.D.NO.25/2012 OF THE LABOUR COURT, KOLLAM.

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Exhibit P6 A TRUE COPY OF THE DELIVERY KAICHEETTU DATED 19.11.2013 IN O.S.NO.295/2002 OF THE MUNSIFF'S COURT, ALAPPUZHA.

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Exhibit P7 A TRUE COPY OF THE ORDER DATED 9.9.2021 IN CLAIM PETITION NO.25/2019 OF THE LABOUR COURT, KOLLAM.

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Exhibit P8 A TRUE COPY OF THE IMPLEADING PETITION DATED 22.11.2021 AS I.A.NO.218/2021 IN I.D.NO.25/2012 OF THE LABOUR COURT, KOLLAM.

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Exhibit P9 A TRUE COPY OF THE REVIEW PETITION DATED 22.11.2021 AS I.A.NO.216/2021 IN I.D.NO.25/2012 OF THE LABOUR COURT,

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OP(LC)No.24 of 2021

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KOLLAM.

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Exhibit P10 A TRUE COPY OF THE DELAY CONDONATION PETITION DATED 22.11.2021 AS I.A.NO.219/2021 IN I.D.NO.25/2012 OF THE LABOUR COURT, KOLLAM.

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Exhibit P11 A TRUE COPY OF THE COUNTER STATEMENT DATED 22.11.2021 IN I.D.NO.25/2012 OF THE LABOUR COURT, KOLLAM.

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Exhibit P12 A TRUE COPY OF THE STAY PETITION DATED 22.11.2021 AS I.A.NO.217/2021 IN I.D.NO.25/2012 OF THE LABOUR COURT, KOLLAM.

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Exhibit P13 A TRUE COPY OF THE PETITION DATED 16.12.2021 FILED BY THE PETITIONER HEREIN FOR SETTING ASIDE THE EX-PARTE AWARD DATED 19.9.2013 IN I.D.NO 25/2012 OF THE LABOUR COURT,KOLLAN

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Exhibit P14 A TRUE COPY OF THE PETITION DATED 16.12.2021 FILED BY THE PETITIONER HEREIN FOR CONDONATION OF DELAY IN FILING THE PETITION TO SET SIDE THE EX-PARTE AWARD DATED 19.9.2013 IN I.D.NO 25/2012 OF THE LABOUR COURT, KOLLAM

The General Secretary, Kerala Uranma Devaswom Board v. v.Gopalakrishnan

Case brief

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The General Secretary, Kerala Uranma Devaswom Board v. v.Gopalakrishnan

Case brief

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