Kerala High Court
Kokad Pharmaceutical ... vs Industrial Tribunal on 23 December, 2022
WP(C) Nos.18888 OF 2008 & 8422 of 2020 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 23RD DAY OF DECEMBER 2022 / 2ND POUSHA, 1944
WP(C) NO. 18888 OF 2008
AGAINST THE ORDER/JUDGMENTID 46/2006 OF INDUSTRIAL TRIBUNAL,
IDUKKI
PETITIONER:
KOKAD PHARMACEUTICAL LABORATORIES LTD
REP. BY ITS DIRECTOR, MATHEW KOKAD,, 52 YEARS,
S/O.K.J.THOMAS, POOVARANY PO,, KOTTAYAM-686577.
BY ADVS.
SRI.H.B.SHENOY
SRI.B.ASHOK SHENOY
SRI.ABU MATHEW
SMT.LAKSHMI B.SHENOY
SRI.SOBHAN GEORGE
SRI.THOMAS P.MAKIL
RESPONDENTS:
1 INDUSTRIAL TRIBUNAL
IDUKKI, ELAPPARA P.O IDUKKI DISTRICT.
2 MINI XAVIER, THARAVATTATHIL
CHEMMALAMATAM PO-686508, KONDOOR , PALA
BY ADVS.
ARUN.B.VARGHESE
VIJU ABRAHAM
AISWARYA V.S.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.12.2022, ALONG WITH WP(C).8422/2020, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
WP(C) Nos.18888 OF 2008 & 8422 of 2020 2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 23RD DAY OF DECEMBER 2022 / 2ND POUSHA, 1944
WP(C) NO. 8422 OF 2020
PETITIONER:
MATHEW KOKAD ALIAS K.T. MATHEW,
AGED 66 YEARS
SON OF THOMAS, KOKAD HOUSE, MALLIKASSERY P.O.,
POOVARANY, PALA, KOTTAYAM DISTRICT -686 577.
BY ADVS.
B.ASHOK SHENOY
SMT.C.G.PREETHA
SRI.P.S.GIREESH
SRI.RIYAL DEVASSY
SHRI.DR.ABHILASH O.U.
RESPONDENTS:
1 THE DEPUTY LABOUR COMMISSIONER
(AUTHORITY UNDER KERALA PAYMENT OF SUBSISTENCE
ALLOWANCE ACT 1972), OFFICE OF THE DEPUTY LABOUR
COMMISSIONER, MANJUNATH BUILDINGS, TEMPLE ROAD,
ETTUMANOOR - 686 631, KOTTAYAM.
2 THE DISTRICT LABOUR OFFICER,
OFFICE OF THE DISTRICT LABOUR OFFICER, CIVIL STATION,
COLLECTORATE P.O., KOTTAYAM -686 002.
3 MINI XAVIER,
THARAVATTATHIL, CHEMMALAMATTOM, KOTTAYAM - 686 508.
BY ADVS.
GOVERNMENT PLEADER
ARUN.B.VARGHESE
AISWARYA V.S.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.12.2022, ALONG WITH WP(C).18888/2008, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
WP(C) Nos.18888 OF 2008 & 8422 of 2020 3
P.V.KUNHIKRISHNAN, J
---------------------------------------
W.P.(C) No. 18888 of 2008 & 8422 of 2020
---------------------------------------------
Dated this the 23rd day of December, 2022
JUDGMENT
When these two writ petitions came up for
consideration this court referred the matter for mediation. Now
a mediation report is submitted by the nodal officer, Ernakulam
mediation Centre, in which it is stated that the matter is settled.
A settlement agreement signed by both sides is also produced.
In the light of the same this writ petition can be closed. The
Counsel for the petitioner submitted that, as per clause 3 of the
agreement, the respondent agree and confirm that, she does
not have any objection in lifting the attachment order which is
in force of the properties of the petitioner company issued by
the deputy Collector revenue recovery, Kanjiraplly in connection
with the recovery of amount due as per order in SAC.No.03 of
2018, which is impugned in W.P.C.No.8422 of 2020 and further
consent for lifting the attachment as all her claims being
satisfied as per this settlement.
WP(C) Nos.18888 OF 2008 & 8422 of 2020 4
Hence it is submitted that, necessary orders may be
issued to the 1st respondent in W.P.(C).No.8422 of 2020. I think
such an order can be issued to the 1st respondent in the light of
settlement. Therefore, these two writ petitions are disposed of
in the following manner;
1. These writ petitions are disposed as settled in
the light of the settlement arrived between the
parties before the Ernakulam Mediation Centre.
2. The settlement dated 10.11.2022 entered
between the petitioner and the respondent will be
part of the judgment. Parties will follow the terms
of the agreement.
3. There will be a direction to the 1st respondent
in W.P(.C).No.8422/2020 to lift the attachment in
the light of the settlement.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
SAAP
WP(C) Nos.18888 OF 2008 & 8422 of 2020 5
APPENDIX OF WP(C) 8422/2020
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF MAHAZAR DATED 6/12/2012
PREPARED BY VILLAGE OFFICER, ELIKULAM.
EXHIBIT P2 TRUE COPY OF LETTER NO.DCEP/AE1/13-14/651
DATED 17/10/2013 ISSUED BY DEPUTY CHIEF
ENGINEER, KERALA STATE ELECTRICITY BOARD,
ELECTRICAL CIRCLE, PALA TO PETITIONER.
EXHIBIT P3 TRUE COPY OF ORDER NO.ML1.7791/2008/DC
DATED 19/08/2014 ISSUED BY DRUGS CONTROLLER
AND LICENSING AUTHORITY, KERALA TO
PETITIONER.
EXHIBIT P4 TRUE COPY OF NOTICE NO.B-897/2019 DATED
8/3/2019 ISSUED BY 2ND RESPONDENT TO
PETITIONER.
EXHIBIT P5 TRUE COPY OF ORDER NO.SAC 03/18 DATED
15/05/2019 PASSED BY THE 1ST RESPONDENT.
EXHIBIT P6 TRUE COPY OF SHOW CAUSE NOTICE NO.SAC-3/18
DATED 19/10/2019 ISSUED BY 1ST RESPONDENT
TO PETITIONER.
WP(C) Nos.18888 OF 2008 & 8422 of 2020 6
APPENDIX OF WP(C) 18888/2008
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF NOTICE DATED 3.6.2005 ISSUED
BY PETITIONER TO 2ND RESPONDENT.
EXHIBIT P2 TRUE COPY OF G.O(RT)NO.1739/2006/LBR DATED
28.7.2006 ISSUED BY GOVERNMENT OF KERALA.
EXHIBIT P3 TRUE COPY OF CHARTER OF DEMAND DATED NIL
SUBMITTED BY 2ND RESPONDENT TO DIRSTRICT
LABOUR OFFICER, KOTTAYAM.
EXHIBIT P4 TRUE COPY OF CLAIM STATEMENT DATED
3.10.2006 FILED BY 2ND RESPONDENT BEFORE
1ST RESPONDENT IN I.D.NO.46 OF 2006.
EXHIBIT P5 TRUE COPY OF WRITTEN STATEMENT DATED
19.2.2007 FILED BY PETITIONER BEFORE 1ST
REPONDENT IN I.D.NO.46 OF 2006.
EXHIBIT P6 TRUE COPY OF REPLICATION DATED 19.3.2007
FILED BY 2ND REPONDENT BEFORE 1ST
RESPONDENT IN I.D.NO. 46 OF 2006
EXHIBIT P7 TRUE COPY OF PROOF AFFIDAVIT DATED 7.6.2007
FILED BY 2ND RESPONDENT BEFORE 1ST
RESPONDENT IN I.D.NO, 46 OF 2006.
EXHIBIT P8 TRUE COPY OF AWARD DATED 1.10.2007 PASSED
BY 12TH RESPONDENT IN I.D.NO,46 OF 2006.
//True Copy // PA Judge
