IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
THURSDAY, THE 07TH DAY OF JANUARY 2021 / 17TH POUSHA, 1942
WP(C).No.348 OF 2021(P)
PETITIONER:
BOBINA JACOB
AGED 56 YEARS
D/O.JACOB,
CHAIKULATHUMYALIL HOUSE,
KURAVALANGADU.P.O, KOTTAYAM,
PIN-686 633.
BY ADVS.
SRI.M.V.THAMBAN
SRI.R.REJI
SRI.ARUN BOSE
SMT.THARA THAMBAN
SRI.B.BIPIN
SMT.DEEPA SREENIVASAN
RESPONDENTS:
1 THE LABOUR COMMISSIONER
LABOUR COMMISSIONERATE ,
THIRUVANANTHAPURAM-695 033.
2 THE DISTRICT LABOUR OFFICER,
(ENFORCEMENT), COLLECTORATE.P.O,
KOTTAYAM- 686 002.
3 GEORGE ANTONY,
MANAGING PARTNER,
ANTONY'S TEXTILES,
THALAYOLAPARAMBU,
KOTTAYAM,PIN-686 605.
SRI. RAVI KRISHNAN - GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.348 OF 2021(P)
2
JUDGMENT
Dated this the 7th day of January 2021 The petitioner has approached this Court seeking a direction to respondents 1 and 2 to take all steps to ensure that the 3rd respondent - Managing partner of M/s.Antony's Textiles, pays her the eligible benefits and also to reinstate her in service forthwith.
2. After praying as afore, the learned counsel for the petitioner submitted that his client has already preferred Exts P3 and P5 petitions before the 2nd respondent and alternatively prayed that the same be directed to be taken up and disposed of at the earliest.
3. Shri.Ravi Krishnan, learned Government Pleader appearing on behalf of the 1st and 2nd respondents, submitted that if the petitioner only requires Exts.P3 and P5 to be taken up WP(C).No.348 OF 2021(P) 3 and disposed of, there is no legal impediment in doing so; but prayed that this Court may not make any affirmative declarations in favour of the petitioner and allow the competent Authority to take a decision thereon as per law.
4. Even though this Court has not issued notice to the 3rd 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 respondent.
Resultantly, taking note of the limited relief sought for by the petitioner, I order this writ petition and direct the 2nd respondent to take up Exts.P3 and P5 preferred by the petitioner and to dispose of the same, after affording an opportunity of being heard to him as also to the 3 rd respondent - either physically or through WP(C).No.348 OF 2021(P) 4 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.
I reiteratingly make it clear that since this Court has not issued notice to the 3 rd respondent, the 2nd respondent will complete the afore exercise only after properly notifying the said respondent and after considering his version in terms of law.
This writ petition is thus ordered.
Sd/-
DEVAN RAMACHANDRAN Sn JUDGE WP(C).No.348 OF 2021(P) 5 APPENDIX PETITIONER'S/S EXHIBITS:
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.
RESPONDENT'S/S EXHIBITS: NIL Sn //TRUE COPY// PA TO JUDGE