Kerala High Court
K.K.Madhu vs Chairman, Cochin Port Trust on 29 October, 2021
WP(C) No.22873/2020 1/4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
Friday, the 29th day of October 2021 / 7th Karthika, 1943
IA.NO.4/2021 IN WP(C) NO. 22873 OF 2020(H)
PETITIONERS/PETITIONERS:
1. K.K.MADHU AGED 48 YEARS S/O THANKAPPAN, CHIRAYIL, THIRUMALA BHAGOM,
THIRUMALA P O, THURAVOOR, ALAPPUZHA, KERALA -688540.
2. V K PAUL AGED 52 YEARS S/O KUNJAVARA, VETTIKKA HOUSE, MANJIKKADU
JN., MOOKKANOOR P O, ERNAKULAM, KERALA, PIN-683577.
3. T P RAJENDRAN, AGED 54 YEARS, S/O BHASKARAN NAIR,
THEKKECHERRICHINAATTU HOUSE, AAYIRATHETTU JN, AROORKUTTY P O,
ALAPPUZHA, KERALA PIN-688535.
RESPONDENTS/RESPONDENTS:
1. CHAIRMAN, COCHIN PORT TRUST, WILLINGTON ISLAND NORTH P O, KOCHI,
KERALA, PIN-682009.
2. ADDL.R2.COCHIN PORT TRUST, WILLINGDON ISLAND P.O., KOCHI, KERALA,
PIN-682 009. REPRESENTED BY THE SECRETARY, COCHIN PORT TRUST,
WILLINGDON ISLAND P.O., KOCHI, KERALA, PIN-682 009. IS IMPLEADED AS
PER ORDER DATED 23-11-2020 IN IA 1/2020.
3. ADDL.R3.DY.CHIEF LABOUR COMMISSIONER (CENTRAL), KENDRIYA SHRAM
SADAN, COCHIN , OOLIMUGHAL, KAKKANAD P.O., KOCHI, KERALA, PIN-682
030, IS IMPLEADED AS PER ORDER DATED 27-10-2021 IN IA 2/2021,
Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to pass order
accepting Exhibit P6 as an additional document in this case.
This Application coming on for orders upon perusing the application
and the affidavit filed in support thereof, and this court's order dated
20-07-2021 in WP(C) and upon hearing the arguments of M/s. V.JAYADHAR,
SHRI.K.NIRMALAN, SRI.G.PRADEEP KUMAR, SRI.V.SURESH KUMAR (HARIPAD),
Advocates for the petitioners in IA/WP(C) and of SRI.MANOJ RAMASWAMY
Advocates for the respondents 1 and 2 in IA/WP(C), the court passed the
following:
WP(C) No.22873/2020 2/4
BECHU KURIAN THOMAS, J.
=-=-=-=-=-=-=-=-=-=-=-=-=-=
I.A.No.4 of 2021
in
W.P.(C) No.22873 of 2020
=-=-=-=-=-=-=-=-=-=-=-=-=-=
Dated this the 29th day of October, 2021
ORDER
Petitioners are 3 amongst 12 workmen, who obtained the
benefit of an award in ID.No.16/2009 of the Central Government
Industrial Tribunal cum Labour Court, Ernakulam (for short, 'the
Tribunal). The said award was challenged by the Port Trust before
this Court. Though the learned Single Judge allowed the writ
petition in favour of the first respondent herein, subsequently in
W.A.No.2145/2015 the appeal was allowed thereby confirming the
award in ID.No.16/2009 of the Tribunal. The challenge initiated by
the Port Trust before the Supreme Court also ended in dismissal.
Thus the award in ID.No.16/2009 which directed the Port Trust to
absorb the petitioners as canteen workers stood confirmed.
2. In the meantime, by Ext.P4 order which is impugned
in this writ petition, the respondent Port Trust is alleged to have
unilaterally treated petitioners as having discontinued with effect
from 31.12.2013. It is curious to note that while the petitioners
were all along fighting the writ petition before this Court as well as
the writ appeal, the respondent Port Trust declared in 2018 that
WP(C) No.22873/2020 3/4
I.A.No.4 of 2021 in W.P.(C) No.22873 of 2020
petitioners had discontinued in 2013 itself. The concluding paragraph
of the judgment in W.A.No.2145 of 2015 stares at the face of the Port
Trust.
3. Be that as it may, petitioners have now filed an
application before the Deputy Chief Labour Commissioner, Central
Kochi, copy of which is produced as Ext.P6, seeking action against the
respondents for non-compliance of the directions in the award in
ID.No.16/2009. Since the petitioners claimed that they are nearing
the age of superannuation and that further delay would cause
prejudice to them, I am of the view that the additional 3 rd respondent
shall consider Ext.P6 application filed by the petitioners, as
expeditiously as possible, at any rate, within a period of six weeks
from the date of receipt of a copy of this order. Needless to mention,
both the petitioners as well as the respondent shall be heard before
orders are passed in the said application. Notwithstanding the above,
the claim of the writ petitioners projected in this writ petition shall not
be prejudiced on account of this order.
Sd/-
BECHU KURIAN THOMAS, JUDGE
RKM
29-10-2021 /True Copy/ Assistant Registrar
WP(C) No.22873/2020 4/4
APPENDIX OF WP(C) 22873/2020
Exhibit P4 TRUE COPY OF THE ORDER ISSUED BY THE RESPONDENT VIDE
NO. A3/ID-16/CANTEEN WORKERS/2/2/2018-M, DATED
24-08-2018.
Exhibit P6 COPY OF PETITIONER'S JOINT APPLICATION, DATED
01/09/2021 SUBMITTED TO THE DY. CHIEF LABOUR
COMMISSIONER (CENTRAL), KOCHI WITHOUT ITS ANNEXURES.
