Citation : 2022 Latest Caselaw 5472 Ker
Judgement Date : 20 May, 2022
MFA No.85/2021 1/2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.SOMARAJAN
Friday, the 20th day of May 2022 / 30th Vaisakha, 1944
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 OF '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, THAMBANOLOR,
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 opeartion
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 again coming on for orders, upon perusing the
application and the affidavit filed in support thereof, and this courts
order dated 08.03.2022, 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 and RAJA KANNAN, Advocates
for the applicant, and of M/S. PAULSON C.VARGHESE and C.V.VEENA, Advocates
for Respondent 1, THOUFEEK AHAMED, P.A.AHAMMED Advocates for Respondent 2,
V.RAMKUMAR NAMBIAR Advocate for Respondent 4, and GOVERNMENT PLEADER for
the Respondent 6, the court passed the following:
MFA No.85/2021 2/2
ORDER
Interim order will stand extended till 20/06/2022.
Sd/- P.SOMARAJAN JUDGE
20-05-2022 /True Copy/ Assistant Registrar
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