Citation : 2021 Latest Caselaw 15659 Ker
Judgement Date : 27 July, 2021
MFA No.85/2021 1/2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE MARY JOSEPH
Tuesday, the 27th day of July 2021 / 5th Sravana, 1943
IA.NO.1/2021 IN MFA(ECC) NO. 85 OF 2021
ECC 98/2014(WCC NO.47/2007)OF THE COURT OF THE COMMISSIONER FOR EMPLOYEES
COMPENSATION(INDUSTRIAL TRIBUNAL),ALAPPUZHA
APPELLANT/5TH OPPOSITE PARTY:
KERALA INDUSTRIAL TECHNICAL CONSULTANCY ORGANISATION (KITCO LTD.),
HEAD OFFICE AT "FEMITH'S", PUTHIYA ROAD, NH BYPASS, VENNALA,
KOCHI-682028 (THROUGH ITS MANAGING DIRECTOR AND REPRESENTED BY ITS
JT. GENERAL MANAGER)
RESPONDENTS/APPLICANT AND 1 TO 4 AND 6TH OPPOSITE PARTIES:
1. R.RAMASWAMY, S/O. LATE RANGASWAMY, PANNAIPATTI, ERIYAD POST,
VELASUNDOOR TALUK, DINDIGUL, MAVATTOM.
2. KERALA TOURISM DEVELOPMENT CORPORATION, THAMBANOOR,
THIRUVANANTHAPURAM, REPRESENTED BY ITS MANAGING DIRECTOR.
3. M/S. UNIT INFRASTRUCTURE, 1ST FLOOR, VYAPARI BHAVAN, DOOR NO.
40/548, CALICUT.
4. M/S. PETER & SHAJI, 25/421, MANATHU PADOM ROAD, CHANGAMPUZHA NAGAR,
KOCHI.
5. DISTRICT TOURISM PROMOTION COUNCIL, VIDYA NAGAR POST, KASARGOD,
BAKEL RESORT DEVELOPMENT CORPORATION, REPRESENTED BY ITS CHAIRMAN.
6. DEPARTMENT OF TOURISM, GOVERNMENT OF KERALA, OFFICE OF PARKVIEW,
PALAYAM, TRIVANDRUM, KERALA, REPRESENTED BY ITS DIRECTOR.
Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to stay the operation
and implementation of the judgment dated 12.02.2021 in ECC No.98/2014(WCC
No.47/2007) and also direct the Commissioner for Employees Compensation
(Industrial Tribunal, Alappuzha) not to disburse the amount of
Rs.8,65,788.00(Rupees Eight Lakh Sixty-Five Thousand Seven Hundred Eighty
Eight only calculated up to 30 Jun 2021)deposited by the petitioner as a
pre requirement for filing the appeal to the 1st respondent during the
pendency of the appeal.
This Application coming on for orders, upon perusing the application
and the affidavit filed in support thereof, and upon hearing the arguments
of M/S E.K.NANDAKUMAR (SR.), M.GOPIKRISHNAN NAMBIAR, K.JOHN MATHAI, JOSON
MANAVALAN, KURYAN THOMAS, PAULOSE C. ABRAHAM, RAJA KANNAN , Advocates for
the applicant and of MR THOUFEEK AHAMMED Advocate for respondent 2 and
MR.SANTHIRAM,Advocate for respondent 6 , the court passed the following:
MFA No.85/2021 2/2
ORDER
There shall be a stay of disbursal of Rs.8,65,788/- deposited by the petitioner/appellant as a pre requirement for filing the appeal to the 1st respondent for a period of two months.
Post after two months.
Sd/-
MARY JOSEPH
JUDGE
27-07-2021 /True Copy/ Assistant Registrar
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