A union challenged a Labour Court award denying its members sea wall construction work at Kannamali. The High Court closed the original petition without deciding merits, noting the work from 2012 was long completed so no substantive relief could be granted.
Petition closed without adjudication; liberty left to the union to raise its claims in future.
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 GOPINATH P.
WEDNESDAY, THE 3RD DAY OF JANUARY 2024 / 13TH POUSHA, 1945
OP(LC) NO. 27 OF 2015
ID 29/2014 OF LABOUR COURT, ERNAKULAM
PETITIONER:
P.A.PAPPACHAN
GENERAL SECRETARY, HEADLOAD AND GENERAL WORKERS
CONGRESS (INTUC) KANNAMALI, ERNAKULAM.
BY ADVS.
SRI.A.X.VARGHESE
SRI.A.V.JOJO
RESPONDENTS:
1SRI.JENSON (CONTRACTOR),
KIZHAKKEVEETTIL HOUSE, KANNAMALI P.O,
KOCHI- 682 008.
2MATHAPPAN (A.T.MATHEW)(CONTRACTOR),
ALUNKAL HOUSE, KANNAMALI P.O, KOCHI- 682 008.
3VARKI
THAYYIL HOUSE, KANNAMALI P.O, KOCHI- 682 008.
4JOSEPH P.P
PUTHENVEETTIL, KANNAMALI P.O, KOCHI (GENERAL
SECRETARY, ERNAKULAM DISTRICT, KARINKAL
THOZHILALI UNION, INTUC), PIN- 682 008.
5THE LABOUR COURT
ERNAKULAM -682 031.
BY ADVS
SRI.C.S.AJITH PRAKASH
RESHMI THOMAS (GP)
THIS OP (LABOUR COURT) HAVING COME UP FOR ADMISSION ON
03.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
O.P.(LC) No.27/2015
-:2:-
J U D G M E N T
Petitioner has approached this Court challenging Ext.P4 award in I.D.No.29 of 2014 on the file of the Labour Court, Ernakulam. The petitioner is the General Secretary of the Headload and General Workers Congress (INTUC) Kannamali, Ernakulam.
O.P.(LC) No.27/2015
-:3:-
unloading). It was found that it is clear from W2 series of documents that the petitioners are not entitled to be assigned with any work other than loading and unloading.
“the claim for work of sea wall construction at Kannamali-Manassery Desom by Headload and
O.P.(LC) No.27/2015
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General Workers Congress (INTUC) Reg.No.0757/1997 is justifiable or not? If yes what is the proportion of work they are entitled to”
By passage of time, even if this Court were to find in favour of the petitioner on merits, no substantive relief can be granted to the petitioner, as the work in question would have been long completed. Going by the documents on record, the work pertains to the year 2012.
Therefore, without going into the merits of the matter, this original petition is closed making it clear that this Court has not adjudicated on the claims raised by the petitioner -Union and if necessary it will be open to them to raise such claims in future.
Sd/GOPINATH P. JUDGE
ats
O.P.(LC) No.27/2015
-:5:-
APPENDIX OF OP(LC) 27/2015
PETITIONER EXHIBITS
Exhibit P1TRUE COPY OF THE IDENTITY CARD ISSUED UNDER
RULE 26A OF THE KERALA HEADLOAD WORKERS ACT.
EXHIBIT P2TRUE COPY OF THE IDENTITY CARD ISSUED BY THE
ERNAKULAM DISTRICT KARINKAL THOZHILALI UNION.
EXHIBIT P3TRUE COPY OF THE CLAIM STATEMENT DATED
25.8.14.
EXHIBIT P4CERTIFIED COPY OF THE AWARD DATED 22.4.15 IN
ID 29/14.
1 issue framed by the court
Whether the claim of the Headload and General Workers Congress (INTUC) for sea wall construction work at Kannamali-Manassery Desom is justifiable and what proportion of work they are entitled to.
2 provisions across 1 enactments
P.A.Pappachan
Sri.Jenson (Contractor)
Mathappan (A.T.Matthew) (Contractor)
Varki
Joseph P.P
The Labour Court, Ernakulam
Gopinath P.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court