The Managing Director vs *Sudhamani *Died On 16.3.2022
2022 Latest Caselaw 5597 Ker

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
                                     &
              THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
          Thursday, the 26th day of May 2022 / 5th Jyaishta, 1944
                             WA NO. 409 OF 2022

    AGAINST JUDGMENT DATED 13-12-2021 IN WP(C) 8951/2020 OF THIS COURT

                                   ---

APPELLANTS/PETITIONERS:

  1. THE MANAGING DIRECTOR, KERALA STATE CO-OPERATIVE CONSUMERS'
     FEDERATION LTD. (CONSUMERFED), PANAMPILLY NAGAR, ERNAKULAM,
     KOCHI-682020.
  2. KERALA STATE CO-OPERATIVE CONSUMERS' FEDERATION LTD. (CONSUMERFED),
     REPRESENTED BY ITS MANAGING DIRECTOR, GANDHI NAGAR, ERNAKULAM,
     KOCHI-682020.

BY ADV.SRI.M.SASINDRAN

RESPONDENT/RESPONDENT:

  1. *SUDHAMANI, MOHANAVILASOM, ULIYACOVIL NAGAR-64, KOLLAM-689695. *IT
     IS REPORTED THAT THE 1ST RESPONDENT DIED ON 16.3.2022 .
          *ADDL.R2 IMPLEADED
  2. SRI.K.VASANTHAKUMARAN, RESIDING AT 'MOHANAVILASOM',ULIYACOVIL
     NAGAR,KOLLAM DISTRICT,PIN-691 019. *ADDL.R2 IMPLEADED AS PER ORDER
     DATED 26.05.2022 IN I.A.NO.1/2022 IN WA 409/2022.

BY ADV.SRI.S.PRASANTH (AYYAPPANKAVU)

     Prayer for interim relief in the Writ Appeal stating that in the
circumstances stated in the appeal memorandum, the High Court be pleased
to issue an interim stay of Exhibit P6 in W.P.(C) No.8951 of 2020, pending
disposal of the above writ appeal.
     This Writ Appeal coming on for orders on 26/05/2022 upon perusing
the appeal memorandum, the court on the same day passed the following:

                                                                    P.T.O.
 EXT.P6:A TRUE COPY OF THE AWARD DATED 03-02-2020 IN I.D.NO.8/2017

OF THE LABOUR COURT, KOLLAM.

                               ---
 ALEXANDER THOMAS & SHOBA ANNAMMA EAPEN, JJ.
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                 I.A. No.1 of 2022 in W.A. No.409 of 2022
                                      &
                            W.A. No.409 of 2022
    [arising out of the impugned judgment dated 13.12.2021 in W.P.(C) No.8951/2020]
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                        Dated this the 26th day of May, 2022


                                     ORDER

I.A. No.1 of 2022:-

Heard both sides.

2. This is an application, filed by the appellants, to implead the

2nd respondent in the I.A. as the legal representative of the deceased 1 st

respondent in the writ appeal.

3. It is reported that the sole respondent in the writ appeal/1 st

respondent in the I.A. has died on 16.03.2022.

4. The plea for impleadment is not opposed.

5. Accordingly it is ordered that the 2nd respondent in the I.A.

will stand impleaded as additional respondent No.2 in the main writ

appeal. The Registry will carryout necessary changes in the cause title

and should also endorse in the respondent array that it is reported that

the 1st respondent has died on 16.03.2022. I.A. No.1/ 2022 in W.A. No.409/ 2022 & W.A. No.409/2022

With these observations and directions, the above I.A. will stand

disposed of.

W.A.:-

Sri.S.Prasanth (Ayyappankavu), learned Advocate, has taken

notice for the additional respondent No.2 in the W.A., who is the legal

representative of the deceased respondent in the W.A. Service

complete.

2. Heard. When we were about to dictate the judgment,

Sri.M.Sasindran, learned Standing Counsel for the appellant

CONSUMERFED (employer) seeks short time to ascertain as to

whether a last effort could be taken for out of court settlement with the

respondent, etc.

3. The respondent lady employee has already died 16.03.2022

and now her husband, who is her Legal Representative has now come

on record. Therefore, we do not intend to give any long adjournment.

We give 4 days' time to the appellant to seek for any out of court

settlement. In view of the difficulties expressed by the additional 2 nd

respondent (husband of the deceased 1 st respondent), to come over to

Ernakulam, it will be open to the appellant to ensure that out of court

settlement talks are carried out through the learned counsel appearing I.A. No.1/ 2022 in W.A. No.409/ 2022 & W.A. No.409/2022

for the respondent.

List the case for judgment at 10.15 a.m. on 30.05.2022.

Hand Over a copy of this order to both sides.

Sd/-

ALEXANDER THOMAS, JUDGE

Sd/-

SHOBA ANNAMMA EAPEN, JUDGE Skk//26052022

26-05-2022 /True Copy/ Assistant Registrar