Kalady Plantation Thozhilali ... vs The District Labour Officer
2021 Latest Caselaw 7271 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

                  THE HONOURABLE MR. JUSTICE A.M.BADAR

    TUESDAY, THE 02ND DAY OF MARCH 2021 / 11TH PHALGUNA, 1942

                        WP(C).No.5358 OF 2021(T)


PETITIONER/S:

                KALADY PLANTATION THOZHILALI UNION
                REGISTRATION NO. 317/1971,
                REPRESENTED BY ITS GROUP SECRETARY, K.G. SURESH,
                S/O. GOPALAN, AGED 48 YEARS, KADUKUTTY HOUSE,
                KOODAPUZHA, CHALAKKUDY, THRISSUR DISTRICT - 680307,
                REPRESENTING THE EMPLOYEE C.J. JOY,
                WORKER PF NO.2176,
                PLANTATION CORPORATION OF KERALA LTD, ANGAMALY.

                BY ADVS.
                SRI.PAUL K.VARGHESE
                SMT.A.A.GEETHA
                SRI.K.P.S.JALALUDDEEN MOHMMED

RESPONDENT/S:

      1         THE DISTRICT LABOUR OFFICER
                ECHAMUKU, KUNNUMPURAM, PADAMUGHAL, VAZHAKKALA,
                KAKKANAD, KERALA - 682030.

      2         THE PLANTATION CORPORATION OF KERALA LTD
                ATHIRAPPILLY ESTATE, KALADY PLANTATION P.O,
                ANGAMALY - 683581,
                REPRESENTED BY ITS MANAGING DIRECTOR.

      3         THE MANAGING DIRECTOR
                THE PLANTATION CORPORATION OF KERALA LTD,
                ATHIRAPPILLY ESTATE, KALADY PLANTATION P.O,
                ANGAMALY - 683581.



                GP- SMT. POOJA SURENDRAN.
                SC-R2,3- SRI RAJESH NARAYANAN

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
02.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.5358 OF 2021                2



                                 JUDGMENT

Dated this the 2nd day of March 2021

Heard both sides.

2. Learned counsel appearing for the petitioner submits that the

representation of the petitioner at Ext.P3 is pending consideration before

the 1st respondent and grievance of the petitioner shall be redressed if the

1st respondent is directed to decide that representation at Ext.P3 in a

time bound frame.

3. Learned Government Pleader submits that Ext.P3

representation can be directed to be decided if the same is not already

decided. Learned Standing counsel appearing for respondent Nos.2 and 3

has no objection for this course of action suggested by the learned

counsel appearing for the petitioner.

4. In this view of the matter, the writ petition is disposed of with

the following directions:-

The 1st respondent is directed to decide the representation at Ext.P3

filed by the petitioner as expeditiously as possible after hearing all

affected parties. It is expected of the 1st respondent to decide the said

representation within a period of three months from the date of

communication of this order.

Sd/-

ajt                                           A.M.BADAR, JUDGE





                            APPENDIX
PETITIONER'S/S EXHIBITS:

EXHIBIT P1              A TRUE COPY OF THE AWARD NO. MD/183/2013

ISSUED BY THE MANAGING DIRECTOR PLANTATION CORPORATION DATED 05.08.2013.

EXHIBIT P2 A TRUE COPY OF THE ENQUIRY REPORT SUBMITTED BY JEENA JOSEPH BEFORE THE MANAGER ATHIRAPPILLY ESTATE DATED 25.09.2020 WITH ENGLISH TRANSLATION

EXHIBIT P3 A TRUE COPY OF THE PETITION FILED BY THE PETITIONER BEFORE THE DISTRICT LABOUR OFFICER, ERNAKULAM DATED 13.1.2021 WITH ENGLISH TRANSLATION

EXHIBIT P4 A TRUE COPY OF THE RECEIPT ISSUED BY THE DISTRICT LABOUR OFFICER, ERNAKULAM DATED 13.01.2021 WITH TRANSLATION