T.Shirin, Managing Partner, ... vs Labour Court, Kozhikode
2022 Latest Caselaw 10731 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
          THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
     FRIDAY, THE 21ST DAY OF OCTOBER 2022 / 29TH ASWINA, 1944
                         WP(C) NO. 2081 OF 2014


PETITIONER:

             T.SHIRIN, MANAGING PARTNER,
             MANAGING PARTNER,
             GLAMOUROOMS,
             BANK ROAD,CALICUT-1.
             BY ADVS.
             SRI.P.K.BABU
             SRI.M.PREMKUMAR
             SRI.P.T.SREE VALSAN UNNI


RESPONDENTS:

      1      LABOUR COURT, KOZHIKODE
             KOZHIKODE,PIN-673001.
      2      DISTRICT LABOUR OFFICER
             KOZHIKODE-673001.
      3      T.SIRAJUDHEEN
             S/O.HAMZA,NEERUMNIRA VAYAL,
             NALLALAM.P.O,KOZHIKODE-673027.


             BY SRI.B. UNNIKRISHNA KAIMAL, SR.GP

      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   21.10.2022,   THE    COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C).No. 2081 of 2014
                                      2



                          MOHAMMED NIAS. C.P.,J
                     ------------------------
                        WP(C).No. 2081 of 2014
                     ------------------------
                 Dated this the 21st day of October, 2022

                                JUDGMENT

The petitioner, the employer of the third respondent has

challenged Ext.P7 issued under Section 33(C) of the Industrial

Disputes Act, 1947 and Ext.P8 order proposing revenue recovery

action, whereby, the second respondent directed the petitioner to pay

an amount of Rs.1,05,000/- with 6% interest from 14.08.2012.

Further action on Exts.P7 and P8 orders was stayed by the interim

order passed on admission of the writ petition on 21.01.2014. The

petitioner submits that he has preferred Ext.P9, reply to the second

respondent.

In the said circumstances, there will be a direction to the

second respondent to consider Exts.P7 and P8 after hearing the

petitioner herein as well as the third respondent and pass orders on

the same, at any rate, within a period of three months from the date

of receipt of a copy of this judgment. Till orders are passed as

directed above are passed and communicated to the parties, coercive

steps proposed in Exts.P7 and P8 will stand deferred.

The writ petition is disposed of.

Sd/-

MOHAMMED NIAS. C.P.,JUDGE

dlk 21.10.2022 WP(C).No. 2081 of 2014

APPENDIX OF WP(C) 2081/2014

PETITIONER'S EXHIBITS EXT.P1 TRUE COPY OF THE ORDER DATED 14-08-2012 IN C.P.23 0F 2011 APPENDED WITH THE JOINT STATEMENT FILED BY THE PARTIES EXT.P2 TRUE COPY OF THE LETTER DATED 15-10-2012 ISSUED BY THE 3RD RESPONDENT EXT.P3 TRUE COPY OF THE REPLY LETTER DASTED 20-10-2012 BY THE PETITIONER EXT.P4 TRUE COPY OF THE SHOW CAUSE NOTICE DATED 13-11- 2012 ISSUED TO THE 3RD RESPONDENT EXT.P5 TRUE COPY OF THE ENQUIRY NOTICE DATED 17-12-2012 ISSUED TO THE 3RD RESPONDENT EXT.P6 TRUE COPY OF THE ENQUIRY NOTICE DATED 08-04-2013 ISSUED BY THE PETITIONER EXT.P7 TRUE COPY OF THE SHOW CAUSE NOTICE DATED 29-05- 2013 ISSUED BY THE DISTRICT LABOUR OFFICER,KOZHIKODE. EXT.P8 TRUE COPY OF THE NOTICE DATED 19-12-2013 ISSUED BY THE DISTRICT LABOUR OFFICER,KOZHIKODE EXT.P9 TRUE COPY OF THE OBJECTION FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 27-12-2013.