Uma Meghni vs The Labour Commissioner
2021 Latest Caselaw 2035 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE MR. JUSTICE A.M.BADAR

    TUESDAY, THE 19TH DAY OF JANUARY 2021 / 29TH POUSHA, 1942

                       WP(C).No.6831 OF 2020(D)


PETITIONERS:

      1        UMA MEGHNI
               AGED 47 YEARS
               D/O.M.R.BABURAM, DIRECTOR, PAVILIONS AND INTERIORS
               INDIA PRIVATE LTD., XL-1641, PRESS CLUB ROAD,
               ERNAKULAM, KOCHI-682011.

      2        REENI FRANCIS,
               AGED 55 YEARS
               D/O.LATE P.J.FRANCIS, REGIONAL MANAGER, PAVILIONS AND
               INTERIORS INDIA PRIVATE LTD., XL-1641, PRESS CLUB
               ROAD, ERNAKULAM, KOCHI-682011.

               BY ADVS.
               DR.SEBASTIAN CHAMPAPPILLY
               SRI.M.V.LALU MATHEWS
               DR.ABRAHAM P.MEACHINKARA
               SRI.GEORGE CLEETUS
               SMT.MARGARET MAUREEN DROSE

RESPONDENTS:

      1        THE LABOUR COMMISSIONER
               THOZHIL BHAVAN (LABOUR COMPLEX), PATTOOR PMG ROAD,
               OPP.KSRTC STAND, PALAYAM, THIRUVANANTHAPURAM, PIN-
               695033.

      2        THE DEPUTY LABOUR COMMISSIONER,
               OFFICE OF THE DEPUTY LABOUR COMMISSIONER, EACHAMUKKU,
               KUNNUMPURAM, PADAMUGHAL, VAZHAKALA, KAKKANAD,
               ERNAKULAM, PIN-682030.

      3        THE DISTRICT LABOUR OFFICER ERNAKULAM,
               OFFICE OF THE DISTRICT LABOUR OFFICER, CIVIL STATION
               (4TH FLOOR), KAKKANAD, ERNAKULAM, PIN-682030.

      4        SHAJI ABRAHAM,
               AGED 58 YEARS
               S/O.JOHN, KUTHUKKALLUMKAL HOUSE, ELANTHOOR EAST P.O.,
               PATHANAMTHITTA DISTRICT, PIN-689643.

               R4 BY ADV. SRI.SHALU VARGHESE
 WP(C).No.6831 OF 2020(D)

                               2




             GP- SRI. RON BASTIN

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
19.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.6831 OF 2020(D)

                                         3

                               JUDGMENT

Dated this the 19th day of January 2021

The learned counsel for the petitioners and also the learned

counsel appearing for the 4th respondent submitted that the

compromise had been arrived and therefore the writ petition be

closed.

In the light of statements made by the learned counsel for the

petitioners as well as the 4th respondent, this writ petition is closed.

Sd/-

A.M.BADAR Nsd //true copy// JUDGE PA to Judge WP(C).No.6831 OF 2020(D)

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE RESUME DATED 22.05.2010 SUBMITTED BY 4TH RESPONDENT.

EXHIBIT P2 TRUE COPY OF THE LETTER ISSUED TO THE 4TH RESPONDENT INTIMATING HIM OF HIS PROMOTION.

EXHIBIT P3 TRUE COPY OF THE WARNING LETTER ISSUED BY THE 4TH RESPONDENT DATED 19.12.2018.

EXHIBIT P4 TRUE COPY OF THE EMAIL SENT BY THE 4TH RESPONDENT ON 24.01.2019.

EXHIBIT P5 TRUE COPY OF THE LAWYER NOTICE DATED 28.01.2019 ISSUED AT THE INSTANCE OF THE 4TH RESPONDENT.

EXHIBIT P6 TRUE COPY OF THE REPLY TO LAWYER NOTICE ISSUED BY THE 2ND PETITIONER DATED 21.02.2019.

EXHIBIT P7 TRUE COPY OF THE MEMO OF CHARGES DATED 21.02.2019 ISSUED TO THE 4TH RESPONDENT.

EXHIBIT P8 TRUE COPY OF THE LETTER OF RESIGNATION OF THE 4TH RESPONDENT DATED 21.10.2019.

EXHIBIT P9 TRUE COPY OF THE FINDINGS OF THE ENQUIRY OFFICER DATED 30.11.2019.

EXHIBIT P10 TRUE COPY OF THE APPLICATION FILED AS SAC NO.4 OF 2019 DATED 23.05.2019 BEFORE THE COMPETENT AUTHORITY.

EXHIBIT P11 TRUE COPY OF THE OBJECTION DATED 25.07.2019 FILED BEFORE THE 3RD RESPONDENT BY THE 2ND PETITIONER.

EXHIBIT P12 TRUE COPY APPLICATION FILED BY THE 4TH RESPONDENT AS SAC NO.9 OF 2019 DATED 25.10.2019.

EXHIBIT P13 TRUE COPY OF THE OBJECTION FILED BY THE 2ND PETITIONER BEFORE THE 3RD RESPONDENT DATED 23.01.2020.

EXHIBIT P14 TRUE COPY OF THE COMMON ORDER PASSED IN SAC WP(C).No.6831 OF 2020(D)

NO.4 OF 2019 AND SAC NO.9 OF 2019 DATED 27.01.2020 BY THE 2ND RESPONDENT.