The Idukki District Estate Labour ... vs M/S. Malankara Plantations Ltd
2022 Latest Caselaw 10645 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
         THE HONOURABLE MR.JUSTICE A.K.JAYASANKARAN NAMBIAR
                                  &
            THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
        FRIDAY, THE 21ST DAY OF OCTOBER 2022/29TH ASWINA, 1944
                        W.A.NO.1365 OF 2022
AGAINST THE JUDGMENT DATED 17.08.2022 IN WP(C).NO.25445/2022 OF HIGH
                           COURT OF KERALA
APPELLANTS/RESPONDENTS 6 & 4 IN W.P.(C):

    1       THE IDUKKI DISTRICT ESTATE LABOUR & WORKERS UNION,
            BUILDING NO.212, PERUMATTOM KARA, MRALA P.O.,
            THODUPUZHA VILLAGE & TALUK, PIN: 685587 IDUKKI
            DISTRICT REPRESENTED BY ITS GENERAL SECRETARY.

    2       K. SUNEESH,
            SECRETARY, THE IDUKKI DISTRICT ESTATE LABOUR AND
            WORKERS' UNION, BUILDING NO. 212, PERUMATTOM KARA,
            MRALA P.O., THODUPUZHA VILLAGE & TALUK, PIN: 685587,
            IDUKKI DISTRICT.

            BY ADV P.KURUVILLA JACOB



RESPONDENTS/PETITIONER AND RESPONDENTS 1 TO 3 & 5 IN W.P.(C):

    1       M/S. MALANKARA PLANTATIONS LTD.,
            MALANKARA BUILDINGS KODIMATHA, KOTTAYAM - 686 013,
            REPRESENTED BY ITS MANAGING DIRECTOR, MR.J.K.THOMAS

    2       STATE OF KERALA,
            REPRESENTED BY ITS PRINCIPAL SECRETARY,
            DEPARTMENT OF LABOUR, GOVERNMENT SECRETARIAT,
            THIRUVANTHAPURAM - 695 001.

    3       THE CHIEF INSPECTOR OF PLANTATIONS,
            AZAD LANE, KOTTAYAM - 686 001
 W.A.NO.1365 OF 2022          :: 2 ::




 4        THE INSPECTOR OF PLANTATIONS,
          PLANTATION OFFICE, ALUVA, ERNAKULAM - 683 101.

 5        UNION OF INDIA,
          REPRESENTED BY ITS SECRETARY, MINISTRY OF LABOUR &
          EMPLOYMENT, SHRAM SHAKTI BHAVAN, NEW DELHI - 110 001.

          BY ADV.SRI.V.ABRAHAM MARKOS (SR.)
          BY SRI.BIJOY CHANDRAN, GOVT. PLEADER



      THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON
21.10.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 W.A.NO.1365 OF 2022             :: 3 ::




                          JUDGMENT

A.K. Jayasankaran Nambiar, J.

Taking note of the memo filed by the learned senior Government

Pleader producing the order dated 29.9.2022 passed by the Chief

Inspector of Plantation, pursuant to the direction of the learned Single

Judge in the impugned judgment, and finding that based on a

consensus arrived at before the said authority between the Trade

Unions and the Management, the Al-Azhar Medical College and Super

Speciality Hospital has been nominated as the referral hospital, for the

purposes of the Plantations Labour Act and Rules, we see no reason to

continue with the proceedings in the Writ Appeal. The Writ Appeal is

thus closed, recording the fact of passing of the order dated 29.9.2022

by the Chief Inspector of Plantation.

Sd/-

A.K.JAYASANKARAN NAMBIAR JUDGE

Sd/-

MOHAMMED NIAS C.P.

                                               JUDGE
prp/21/10/22
    W.A.NO.1365 OF 2022                :: 4 ::




                         APPENDIX OF W.A.NO.1365/2022

PETITIONERS ANNEXURES:

Annexure I                 TRUE COPY OF LETTER DATED 08.11.19 OF THE
                           DISTRICT     MEDICAL     OFFICER,    IDUKKI

COMMUNICATED TO PLANTATION WORKER SRI. M.S. BINUKUMAR AT MRALA PO, THODUPUZHA.

Annexure I (A) TRUE ENGLISH VERSION OF ANNEXURE-I DOCUMENT.

Annexure II TRUE COPY OF LETTER DATED 06.09.18 OF 3RD RESPONDENT COMMUNICATED TO 4TH RESPONDENT.

Annexure II (A) TRUE ENGLISH VERSION OF ANNEXURE-II DOCUMENT

Annexure III TRUE COPY OF LETTER DATED 25.08.22 OF PLANTATION WORKER SRI. M.S. BINU KUMAR UNDER FIRST APPELLANT UNION SUBMITTED TO 4TH RESPONDENT.

Annexure III(A) TRUE ENGLISH VERSION OF ANNEXURE-III LETTER.

RESPONDENTS ANNEXURES:         NIL.




                                 //TRUE COPY//



                                 P.S. TO JUDGE