Moosa K. vs The Airport Officer
2021 Latest Caselaw 8645 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

    TUESDAY, THE 16TH DAY OF MARCH 2021 / 25TH PHALGUNA, 1942

                       WP(C).No.7371 OF 2015(V)


PETITIONERS:

      1        MOOSA K., AGED 62 YEARS, S/O.AVARANKUTTY,
               ARIFA MANZIL, NEDIYIRUPPU P.O., MALAPPURAM DISTRICT.

      2        SHIJU T.V., AGED 29 YEARS,                   *DELETED
               S/O.CHERUTTY T.V., THAZHATHUVEEDU,
               PULPATTA P.O., MALAPPURAM DISTRICT.

               * THE 2ND PETITIONER IS DELETED FROM THE PARTY ARRAY
               VIDE ORDER DATED 09.12.2015 IN IA 17647/15.]

               BY ADVS.SRI.BABU S. NAIR
                       SRI.K.RAKESH

RESPONDENTS:

      1        THE AIRPORT OFFICER, CALICUT INTERNATIONAL AIRPORT,
               CALICUT AIRPORT P.O., MALAPPURAM DISTRICT,
               PIN: 673 647.

      2        JOINT GENERAL MANAGER, ELECTRICAL WING- CALICUT
               AIRPORT, CALICUT AIRPORT P.O.,
               MALAPPURAM DISTRICT, PIN: 673 647.

      3        SENIOR MANAGER (E-E)-II, ELECTRICAL WING,
               CALICUT AIRPORT P.O., MALAPPURAM DISTRICT,
               PIN: 673 647.

      4        MANAGER, (E-E)-II, ELECTRICAL WING,
               CALICUT AIRPORT P.O., MALAPPURAM DISTRICT,
               PIN: 673 647.

      5        MANAGING DIRECTOR, M/S.MPC ELECTRICALS AND ENGINEERS,
               SANTHI NAGAR, SECTOR -3, HIRAN MAGRI,
               UDAIPUR, PIN: 313 002.

               BY ADVS. SRI.N.N.SUGUNAPALAN (SR.)
                        SRI.S.SUJIN

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD            ON
16.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.7371 OF 2015(V)

                            -2-

                       JUDGMENT

Dated this the 16th day of March 2021

When this matter was called today, the

learned counsel for the petitioner submitted

that on account of efflux of more than six

years after his client had been terminated from

service, he is not sure if any further reliefs

are to be still sought from this Court; and he,

therefore, prayed that this writ petition be

closed, however, granting liberty to his client

to approach the competent Authorities under the

Industrial Disputes Act for redressal of

further grievances, if any.

2. The learned Senior Counsel -

Sri.N.N.Sugunapalan, instructed by Sri.S.Sujin,

appearing on behalf of respondents 1 to 4,

submitted that he does not stand in the way of

the petitioner being granted the liberty to WP(C).No.7371 OF 2015(V)

invoke any other remedy; but prayed that no

further orders be issued in this writ petition.

In the afore circumstances, I close this

writ petition without any further orders;

however, leaving liberty to the petitioner to

invoke all remedies available to him, if he is

otherwise eligible and if any further grievance

subsists for him.

Sd/-

DEVAN RAMACHANDRAN JUDGE akv WP(C).No.7371 OF 2015(V)

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE E-MAIL WHICH WAS SENT BY THE 5TH RESPONDENT DATED 7/2/2015 ALONG WITH THE LETTER SENT BY THE 3RD RESPONDENT TO THE 5TH RESPONDENT

EXHIBIT P2 TRUE COPY OF THE REPLY SENT BY THE 2ND PETITIONER DATED 8/2/2015.

EXHIBIT P3 TRUE COPY OF THE REPLY SENT BY THE 1ST PETITIONER DATED 11/2/2015.

EXHIBIT P4 P4: TRUE COPY OF THE COMPLAINT SUBMITTED BY THE 1ST PETITIONER BEFORE THE HUMAN RIGHTS COMMISSION DATED 5/1/2015.

EXHIBIT P5 TRUE COPY OF THE ENQUIRY REPORT SENT BY THE ASSISTANT LABOUR OFFICER TO THE DISTRICT LABOUR OFFICER, MALAPPURAM DATED 21/5/2014.

EXHIBIT P6 TRUE COPY OF THE LETTER ISSUED BY THE REGIONAL LABOUR COMMISSIONER (CENTRAL), COCHIN DATED, 15.05.2015.

RESPONDENT'S/S EXHIBITS :

EXHIBIT R1(a) TRUE COPY OF THE DOCUMENT SHOWING THAT MR.GOVINDAN NAIR WAS ENGAGED AS THE CONTRACTOR.

EXHIBIT R1(b) TRUE COPY OF THE WAGE REGISTER MAINTAINED BY THE CONTRACTOR AND SIGNED BY PETITIONER.

EXHIBIT R1(c) TRUE COPY OF THE PAYMENT TOWARDS THE CONTRIBUTION TOWARDS THE ESI BY PETITIONERS.

EXHIBIT R1(d) TRUE COPY OF THE CONTRIBUTION TO THE PROVIDENT FUND BY MPC ELECTRICALS AND ENGINEERS.

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