Kerala High Court
Prakashan E vs Sri. Pramod R on 15 December, 2023
Author: P. V. Kunhikrishnan
Bench: P.V.Kunhikrishnan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 15TH DAY OF DECEMBER 2023 / 24TH AGRAHAYANA,
1945
CON.CASE(C) NO. 2781 OF 2023
AGAINST THE JUDGMENT IN WP(C) 3281/2023 OF HIGH COURT OF
KERALA
PETITIONERS/RESPONDENTS 5 AND 8:
1 PRAKASHAN E., AGED 51 YEARS
SON OF MOHANAN NAIR, KAVOTTIL HOUSE, VATTATHANI,
K. PURAM, MALAPPURAM DISTRICT., PIN - 676307
2 YAHU, AGED 44 YEARS, SON OF MOHAMMEDALI, PULLONI
HOUSE, MEENADATHUR, TANALUR, MALAPPURAM
DISTRICT., PIN - 676307
BY ADVS.
ASWINI SANKAR R.S.
K.RAMAKUMAR (SR.)
T.RAMPRASAD UNNI
S.M.PRASANTH
T.H.ARAVIND
RESPONDENTS/R1 IS NOT A PARTY AND PETITIONERS IN WPC:
1 SRI. PRAMOD R., FATHER'S NAME AND AGE NOT KNOWN
TO THE PETITIONER, REGIONAL JOINT LABOUR
COMMISSIONER, OFFICE OF THE REGIONAL JOINT LABOUR
COMMISSIONER, CIVIL STATION, KOZHIKODE - 673020
2 SMT. SUSHAMA P. T., AGED 52 YEARS
WIFE OF JAYAPRAKASH NARAYANAN, REPRESENTING M/S.
PRAKASH GAS AGENCIES, AS MANAGING PARTNER, HAVING
ITS REGISTERED OFFICE AT MEENADATHOOR, THANALUR
PANCHAYAT, THAZHEPALAM, TIRUR, KERALA - 676101
3 SMT. SUSHAMA P.T., AGED 52 YEARS
WIFE OF JAYAPRAKASH NARAYANAN, RESIDING AT
DREAMS, K. PURAM P.O., TANALUR, MALAPPURAM
DISTRICT, KERALA., PIN - 676307
Con Case (C) 2781/2023
2
OTHER PRESENT:
NISHA BOSE-SR.GP
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR
ADMISSION ON 15.12.2023, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
Con Case (C) 2781/2023
3
P. V. KUNHIKRISHNAN, J.
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Con. Case (C) No.2781 of 2023
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Dated this the 15th day of December, 2023
JUDGMENT
This contempt of court case is filed with the following prayers:
To issue notice to the respondents, direct them to
appear in person before this Hon'ble Court, frame charges
against them, proceed against them under the Contempt
of Courts Act and punish them accordingly.
2. This Contempt of Court Case is filed alleging violation of
the judgment dated 13.07.2023 in W.P(C).No.3281/2023. This Court
disposed the Writ Petition with the following directions:
'5. Today, when the matter came up for consideration, the
counsel for the petitioners submitted that the interim
order passed by this Court my be retained and the writ
petition may be disposed. The counsel appearing for
respondent Nos. 4 to 9 submitted that the petitioner is
not cooperating in the conciliation, but the counsel for
the petitioner denying the same. I make it clear that the
petitioners shall cooperate with the conciliation
Con Case (C) 2781/2023
proceedings as ordered on 11.04.2023.
Therefore, this writ petition is disposed of making
the order dated 01.02.2023 and 11.04.2023 absolute. The
petitioners shall co-operate for the conciliation
proceedings initiated by the conciliation authority under
the Headload Workers' Act and Industrial Disputes Act.
3. It is submitted that the petitioners are not co-operating
with the conciliation proceedings. This contempt is filed by
respondents 5 and 8. There is no positive direction in the judgment.
This Court only observed that the petitioner shall co-operate for the
conciliation proceedings. If the writ petitioners are not co-operating,
the petitioners in the contempt case can take appropriate steps in
accordance with law.
Granting liberty to the petitioners to take appropriate steps, this
Contempt of Court Case is closed. If the parties are not taking the
conciliation, that question also left open and the petitioners can
agitate the same separately.
Sd/-
P. V. KUNHIKRISHNAN
JUDGE
Sbna/
Con Case (C) 2781/2023
APPENDIX OF CON.CASE(C) 2781/2023
PETITIONER ANNEXURES
Annexure A CERTIFIED COPY OF JUDGMENT DATED
13..07..2023 IN W.P. (C) NO. 3281 OF
Annexure B CERTIFIED COPY OF INTERIM ORDER DATED
11..04..2023 IN WP (C) NO. 3281 OF 2023
