The High Court of Kerala disposed of a writ petition challenging orders related to workmen's payment. The court declined to interfere because the amount involved was merely around Rs.30,000/-. The petition was dismissed.
Writ petition dismissing prayer for quashing order dated 15.1.2013 and staying proceedings.
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 DINESH KUMAR SINGH
WEDNESDAY, THE 12TH DAY OF JUNE 2024 / 22ND JYAISHTA, 1946
WP(C) NO. 1131 OF 2017
PETITIONER:
THE MANAGER, HARRISONS MALAYALAM LIMITED
MUNDAKAYAM ESTATE, VELLANADI,MUNDAKAYAM P.O - 686
513,REPRESENTED BY MANAGER-LEGAL.
BY ADVS.
SRI.M.GOPIKRISHNAN NAMBIAR
SRI.K.JOHN MATHAI
SRI.JOSON MANAVALAN
SRI.KURYAN THOMAS
RESPONDENTS:
1 SRI. K.G. SUNIL KADAVANKOTTE, MUNDAKAYAM ESTATE,VELLANADI, MUNDAKAYAM P.O - 686 513.2 THE AUTHORTY UNDER THE KERALA PAYMENT OF SUBSISTENCE ALLOWANCE ACT 1972 (THE DEPUTY LABOUR COMMISSIONER, KOTTYAM)PIN - 686 002.3 THE DISTRICT LABOUR OFFICER KOTTAYAM - 686 002. BY ADV SRI.K.T.SAJUSRI. JUSTIN JACOB – SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P(C) No.1131 of 2017
2
JUDGMENT
Dated this the 12th day of June, 2024
The present writ petition has been filed with the
following prayers:-
(i) to call for the records of the case in SAC No.1/2012 and to issue a writ of certiorari quashing Ext.P10 order dated 15.1.2013
(ii) to issue any other appropriate writ order or direction directing the 2nd respondent to rehear the matter and dispose of he case in accordance with law.
(iii) to pass and ad-interim order staying the operation and implementation of Exhibit P10 order dated 15.1.2016 in SAC 1/2012 and all further proceedings pursuant thereto, pending disposal of the writ petition;
(iv) grant such other and further orders as this Hon’ble court may deem fit and proper in the facts and circumstances of the case, and
(v) To allow this writ petition with costs”
such a meagre amount to be disbursed to the workmen.
Sd/-
DINESH KUMAR SINGH
JUDGE
AP
W.P(C) No.1131 of 2017
3
APPENDIX OF WP(C) 1131/2017
PETITIO |
NER EXH |
IBITS |
||
|---|---|---|---|---|
EXHIBIT |
P1 |
TRUE COPYRESPONDENT |
OF THE SUSDATED 11. |
PENSION ORDER OF THE 1ST05.2011 |
EXHIBIT |
P2 |
TRUE COPY |
OF THE |
LETTER DATED 25.06.2011 |
SUBMITTEDTHOZHILALI |
BY THEUNION. |
THIRU KOCHI THOTTAM |
||
EXHIBIT |
P3 |
TRUE COPYISSUED TO |
OF THETHE 1ST RE |
LETTER DATED 28.06.2011SPONDENT |
EXHIBIT |
P4 |
TRUE COPY |
OF THE |
REPORT DATED 17.08.2011 |
SUBMITTEDDIVISION |
BY THE |
FIELD OFFICER OF NO.1 |
||
EXHIBIT |
P5 |
TRUE COPY24.9.2011 |
OF THISSUED TO |
E CHARGE SHEET DATEDTHE 1ST RESPONDENT. |
EXHIBIT |
P6 |
TRUE COPY27.12.2011 |
OF THE. |
DISMISSAL ORDER DATED |
EXHIBIT |
P7 |
TRUE COPYFILED BY T |
OF THE APHE 1ST RES |
PLICATION DATED 01.2.2012PONDENT. |
EXHIBIT |
P8 |
A TRUE COP26.10.2012THE 2ND RE |
Y OF THEFILED BSPONDENT I |
COUNTER STATEMENT DATEDY THE PETITIONER BEFOREN SAC NO.1/2012 |
EXHIBIT |
P9 |
TRUE COPYRESPONDENTNO.1/2012. |
OF THE REDATED N |
JOINDER FILED BY THE 1STIL JANUARY 2013 IN SAC |
EXHIBIT |
P10 |
A TRUE COPTHE 2ND RE |
Y OF THE OSPONDENT I |
RDER 15.1.2016 PASSED BYN SAC NO.1/2012. |
2 issues framed by the court
Whether the High Court should interfere with a meagre amount of around Rs.30,000/- to be disbursed to workmen.
Whether an order quashing an order dated 15.1.2013 and staying proceedings matter sum up to harmonious consideration.
THE MANAGER, HARRISONS MALAYALAM LIMITED
SRI. K.G. SUNIL KADAVANKOTTE
THE AUTHORTY UNDER THE KERALA PAYMENT OF SUBSISTENCE ALLOWANCE ACT 1972
THE DISTRICT LABOUR OFFICER KOTTAYAM
DINESH KUMAR SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court