Sudarsanan.R vs The Food Corporation Of India
2021 Latest Caselaw 3703 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

           THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

     TUESDAY, THE 02ND DAY OF FEBRUARY 2021 / 13TH MAGHA,1942

                       WP(C).No.2440 OF 2020(D)


PETITIONERS:

      1        SUDARSANAN.R, AGED 54 YEARS,
               S/O.V.K.RAMAKRISHNAN, RESIDING AT SUDARSANAM,
               NEAR FCI, PUTHUPARIYARAM, PALAKKAD-678 731.

      2        SUKUMARAN, AGED 59 YEARS, S/O.MUTHU, PARAKKAL HOUSE,
               THAZHEMURALI, SOUPARNIKA NAGAR, INDUSTRIAL ESTATE,
               PALAKKAD-678 731.

      3        KRISHNADAS.M., AGED 57 YEARS, S/O.MANI, ARUN NIVAS,
               THAZHEMURALI, SOUPARNIKA NAGAR, INDUSTRIAL ESTATE,
               PALAKKAD-678 731.

      4        CHANDRAN.P.M., AGED 54 YEARS, S/O.MAYANDI,
               PANNIKKOD HOUSE, PONGAD POST, PALAKKAD-678 631.

      5        SHAHUL HAMEED, AGED 54 YEARS, S/O.ISMAIL, OTHUNGOD,
               KALIMA NAGAR, THIRUNELLAI P.O., PALAKAKD-678 004.

      6        PRADEEPKUMAR.A.M., AGED 53 YEARS, S/O.A.V.MANI,
               ATHIKKAL HOUSE, POTHANOOR POST, MUNDOOR,
               PALAKKAD-678 592.

      7        SURESH.M., AGED 47 YEARS, S/O.MUTHU, PARAKKAL HOUSE,
               ANAND NAGAR, BEHIND POLICE QUARTERS, RAILWAY COLONY,
               KALLEKULANGARA POST, PALAKKAD-678 009.

      8        KISHOREKUMAR.G., AGED 59 YEARS, S/O.GOPALAN,
               AYYAPPANKAVU, KARINKARAPPULLY, PALAKKAD.

      9        JANANARDHANAN.G., AGED 58 YEARS, S/O.GOPALAN,
               MARATHUPARAMBU HOUSE, POOCHIRA, PUTHUPARIYARAM P.O.,
               PALAKKAD.

      10       ABUBACKER SIDDHIK.S.A., AGED 58 YEARS,
               S/O.S.K.ABDUL AZEEZ, VALPARAMBIL HOUSE,
               P.O. PUTHUPARIYARAM, PALAKKAD.

      11       GOPAKUMAR.K.P., AGED 58 YEARS,
               S/O.K.P.KUNJAPPU, PANGAL, PUTHUPARIYARAM, PALAKKAD.
 WP(C).No.2440 OF 2020(D)

                              -2-


      12     JANARDHANAN.V, AGED 57 YEARS,
             S/O.KRISHNAN NAIR, PANGAL, PUTHUPARIYARAM,
             PALAKKAD.

      13     SIVADAS.R.,
             AGED 57 YEARS,
             S/O.RAMANKUTTY, KORATTICKAL HOUSE, MARATHUPARAMBU,
             PUTHUPARIYARAM-678 731.

      14     MANI.K.,
             AGED 56 YEARS,
             S/O.KRISHNAN, PRANAVAM, MADRASA NAGAR,
             INDUSTRIAL ESTATE P.O., PALAKKAD.

      15     RAVI.N.,
             AGED 56 YEARS,
             S/O.NAGAN, PARAKKAL HOUSE, THAZHEMURALI,
             P.O.INDUSTRIAL ESTATE, PALAKKAD.

      16     RADHAKRISHNAN.M.
             AGED 55 YEARS,
             S/O.MADHAVAN, PARAKKAL HOUSE, THAZHEMURALI,
             INDUSTRIAL ESTATE P.O., PALAKKAD.

      17     FAROOK.A.
             AGED 54 YEARS,
             S/O.ABDUL RAHMAN, AL AMEEN MANZIL, FCI COLONY,
             INDUSTRIAL ESTATE P.O., PALAKKAD-678 731.

      18     BABU.A.
             AGED 53 YEARS,
             S/O.V.ARUMUGHAL, KORATTICKAL HOUSE, MARATHUPARAMB,
             INDUSTRIAL ESTATE P.O., PALAKKAD.

      19     RAVICHANDRAN.M.,
             AGED 47 YEARS,
             S/O.E.M.RAMACHANDRAN NAIR, RAVI NIVAS,
             PANGAL HOUSE, PUTHUPARIYARAM,
             INDUSTRIAL ESTATE P.O., PALAKKAD.

      20     SHOWKAHATHALI.H.
             AGED 50 YEARS,
             S/O.K HAMZA, MURALI HOUSE, THAZHEMURALI,
             INDUSTRIAL ESTATE P.O., PALAKKAD.

      21     VINOD.B., AGED 46 YEARS,
             S/O.BALAKRISHNAN.K., KARATHUTHODI HOUSE,
             PARIYISSERI, MANKARA P.O., PIN-678 614.
 WP(C).No.2440 OF 2020(D)

                                  -3-


      22       LAKSHMIDEVI.M.,
               AGED 55 YEARS
               D/O.K.V.MANI, KALPANAKKAL HOUSE, KANNADI P.O.,
               PALAKKAD-678 701.

      23       THAHIRA.N., AGED 56 YEARS,
               D/O.NOORUMUHAMMED, LAKSHAM VEED COLONY,
               INDUSTRIAL ESTATE P.O., PALAKKAD.

               BY ADVS.
               SRI.A.JAYASANKAR
               SRI.MANU GOVIND

RESPONDENTS:

      1        THE FOOD CORPORATION OF INDIA,
               REPRESENTED BY ITS GENERAL MANAGER(KERALA),
               FCI REGIONAL OFFICE, THIRUVANANTHAPURAM-04.

      2        DIVISIONAL MANAGER, FOOD CORPORATION OF INDIA,
               DIVISIONAL OFFICE, PALAKKAD, PALAKKAD-678 731.

      3        THE DEPOT MANAGER, FOOD CORPORATION OF INDIA,
               FOOD STORAGE DEPOT, OLAVAKKODE, PALAKKAD-678 731.

               BY ADV. SRI.T.C.KRISHNA, SC,
                       FOOD CORPORATION OF INDIA

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
02.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.2440 OF 2020(D)

                                   -4-

                              JUDGMENT

Dated this the 2nd day of February 2021

When this matter was called today, the

learned counsel for the petitioners submitted

that the Deputy Chief Labour Commissioner

(Central), Ernakulam, has already issued

Exts.P12 and P13 orders and, therefore, that no

further directions are being pressed against

the respondents in this case for the time

being. The learned counsel submitted that this

writ petition, therefore, be closed; however,

leaving open all his clients' contentions, to

be pursued before the said Authority.

             2.       Taking       note        of      the       afore

     submissions and noticing Exts.P12 and P13,                     I

deem it appropriate not to issue any orders in

this writ petition, since the conciliation

proceedings are admittedly continuing before

the Deputy Chief Labour Commissioner (Central),

Ernakulam.

WP(C).No.2440 OF 2020(D)

In the afore circumstances, noticing

Exts.P12 and P13, I close this writ petition

without any further orders; however, leaving

full liberty to both sides to pursue all their

contentions before the Deputy Chief Labour

Commissioner (Central), Ernakulam,

appropriately.

Sd/-

DEVAN RAMACHANDRAN JUDGE akv WP(C).No.2440 OF 2020(D)

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 COPY OF THE COMPLAINT SUBMITTED ON AND BEHALF OF THE PETITIONERS BEFORE THE REGIONAL LABOUR COMMISSIONER(CENTER) DATED 09.09.2019.

EXHIBIT P2 COPY OF PROCEEDINGS OF THE REGIONAL LABOUR COMMISSIONER DATED 06.01.2020 ALONG WITH RETYPED COPY.

EXHIBIT P3 COPY OF ORDER NO.IR(S)/ANCILLARY LABOUR/KERALA/2018 DATED 21.03.2018.

EXHIBIT P4 COPY OF ORDER NO.FSD/OJA/DEPOT OPERATION/2019-20 DATED 13.01.2020.

EXHIBIT P5 COPY OF ORDER NO.IRL 36(1) DPS/2016 DATED 23.01.2020.

EXHIBIT P6 COPY OF THE ORDER NO.IRL.25(1)/DPS/PKD/2019-20 DATED 23.01.2020.

EXHIBIT P7 COPY OF ORDER DATED 21.06.1996 REGULARISING THE PETITIONERS INTO SERVICE.

EXHIBIT P8 COPY OF PAY SLIPS BEARING INVOICE NO.201911590706 DATED NOVEMBER 2019.

EXHIBIT P9 COPY OF THE NOTICE NO.FSD/DPS/OJA/2019-20 DATED 30.01.2020.

EXHIBIT P10 COPY OF THE LETTER DATED 31.01.2020 FROM THE PETITIONER TO THE 3RD RESPONDENT

EXHIBIT P11 COPY OF THE LETTER NO.LR.NO.DPS/AFK/13-14 DATED 23.06,2014.

EXHIBIT P12 TRUE COPY OF LETTER NO.08/109/2019/B6 DATED 25.02.2020.

EXHIBIT P13 TRUE COPY OF THE PROCEEDINGS OF THE PENDING CONCILIATION DATED 15.01.2021. WP(C).No.2440 OF 2020(D)

RESPONDENT'S/S EXHIBITS :

EXHIBIT R3(A) A TRUE COPY OF THE RELEVANT PAGES OF THE MANUAL ON INDUSTRIAL RELATIONS(LABOUR)VOL.I.

EXHIBIT R3(B) A TRUE COPY OF THE FCI HEADQUARTERS LETTER NO. IR-L/31(10)/2004/VOL X DATED 12.07.2016.

EXHIBIT R3(C) THE TRUE COPY OF THE MEMO DATED 06.09.2019 ISSUED TO 15TH AND 16TH PETITIONERS.

EXHIBIT R3(D) THE TRUE COPY OF THE SHOW CAUSE NOTICE DATED 21.09.2019 ISSUED TO 15TH AND 16TH PETITIONERS.

EXHIBIT R3(E) A TRUE COPY OF THE SHOW CAUSE NOTICE DATED 23.09.2019 ISSUED TO SRI SUKUMARAN AND SRI R SIVADAS.

EXHIBIT R3(F) A TRUE COPY OF THE SHOW CAUSE NOTICE DATED 04.10.2019 ISSUED TO SRI M SUKUMARAN, SRI SHAUKATHALI K H, SRI SHAHUL HAMEED M AND SRI R SIVADAS.

EXHIBIT R3(G) A TRUE COPY OF NOTICE DATED 07.01.2020 ISSUED TO THE ANCILLARY LABOURERS.

EXHIBIT R3(H) A TRUE COPY OF THE SHOW CAUSE NOTICE DATED 13.01.2020 ISSUED TO THE ANCILLARY LABOURERS.

EXHIBIT R3(I) A TRUE COPY OF THE NOTICE DATED 13.01.2020 ISSUED TO THE ANCILLARY LABOURERS.

EXHIBIT R3(J) A TRUE COPY OF THE SHOW CAUSE NOTICE DATED 16.01.2020 ISSUED TO THE ANCILLARY LABOURERS.

EXHIBIT R3(K) A TRUE COPY OF THE NOTICE DATED 21.01.2020 ISSUED TO THE ANCILLARY LABOURERS.

EXHIBITR3(L) A TRUE COPY OF THE SHOW CAUSE NOTICE DATED 22.01.2020 ISSUED TO THE ANCILLARY LABOURERS.

//TRUE COPY// P.A. TO JUDGE