Citation : 2021 Latest Caselaw 24060 Ker
Judgement Date : 28 December, 2021
WP(C) No.30758/2021 1/3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
Tuesday, the 28th day of December 2021 / 7th Pousha, 1943
WP(C) NO. 30758 OF 2021
PETITIONER:
RADHAMANI P.C, AGED 58 YEARS, D/O.CHELLAPPAN NAIR, VADAKKANATHU
HOUSE, MUTHUKAD P.O., PERUVANNAMUZHI, KOZHIKODE PIN 673 528
RESPONDENTS:
1. STATE OF KERALA, LABOUR DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM,
PIN 695 001, REP.BY ITS SECRETARY
2. THE PLANTATION CORPORATION OF KERALA LIMITED, KANJIKUZHI, KOTTAYAM,
PIN 686 002, REP.BY MANAGING DIRECTOR
3. THE MANAGER THE PLANTATION CORPORATION OF KERALA LIMITED, PERAMBRA
ESTATE, MUTHUKAD P.O., PERUVANNAMUZHI, KOZHIKODE, PIN 673 528
4. PRINCIPAL SECRETARY, DEPARTMENT OF AGRICULTURE DEVELOPMENT AND
FARMERS WELFARE, SECRETARIAT (ANNEXE II), THIRUVANANTHAPURAM, PIN
695 001
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to permit the petitioner to continue in the service of the 2nd
Respondent Estate on the basis of Ext.P2, during the pendency of this writ
petition.
This petition coming on for admission upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments of
M/S.K.R.PRATHISH & P.K.SREEVALSAKRISHNAN Advocates for the petitioner,
GOVERNMENT PLEADER for R1 and R4 and of STANDING COUNSEL for R2 & R3, the
court passed the following:
WP(C) No.30758/2021 2/3
ORDER
Admit.
Learned Government Pleader takes notice for the respondents 1 and 4. Learned Standing Counsel takes notice for respondents 2 and 3.
I have gone through Ext.P5 judgment of the Division Bench of this court. The Standing Counsel for the Second Respondent Corporation submits that the question regarding the age of superannuation of the plantation workers of the corporation is pending before the State Government. Accordingly, there will be an interim order to the effect that the petitioner will be temporarily allowed to continue in the service of the Second Respondent Corporation until further orders.
28/12/2021.
Sd/- MURALI PURUSHOTHAMAN, JUDGE
28-12-2021 /True Copy/ Assistant Registrar
WP(C) No.30758/2021 3/3
APPENDIX OF WP(C) 30758/2021
Exhibit P2 TRUE COPY OF THE GOVERNMENT ORDER DATED 18.2.2021
Exhibit P5 TRUE COPY OF THE JUDGMENT IN WRIT APPEAL NO.1615 OF
2021 DATED 3.12.2021 OF THIS HON'BLE COURT.
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