Kerala High Court
Cheereth Metals vs District Labour Officer, ... on 27 January, 2023
WP(C) No.2577/2023 1/3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
Friday, the 27th day of January 2023 / 7th Magha, 1944
WP(C) NO. 2577 OF 2023 (V)
PETITIONERS:
1. CHEERETH METALS, CHURCH ROAD, PUTHENCRUZ, ERNAKULAM - 682308,
REPRESENTED BY ITS MANAGING PARTNER SAJEE C.M., S/O C.V. MATHAI AGED
64 YEARS
2. RAMESH CHAUDARI AGED 36 YEARS S/O KAMESH CHAUDHRI, BHADOGHAT,
BASANTPUR, HAYAGHAT, BIHAR , PIN - 847301
3. SRI. AMARKUMAR AGED 37 YEARS S/O. JAGDISH SAHNI, RAMAULI,
SAMATTIPUR, BIHAR, PIN - 848302
4. AYYAPPANKUTTY K T, AGED 50 YEARS S/O. THEVAN, KAPPANAKUZHI HOUSE,
PUTTUMANNOOR, PUTHENCRUZ P.O, ERNAKULAM, PIN - 682308
RESPONDENTS:
1. DISTRICT LABOUR OFFICER, ERNAKULAM, OFFICE OF THE DISTRICT LABOUR
OFFICER, CIVIL STATION, KAKKANAD, PIN - 682030
2. T.S. SANTHOSH SECRETARY & POOL LEADER, HEADLOAD WORKERS UNION
(AITUC), POOL NO. 38, PUTHENCRUZ -, PIN - 682308
3. HEAD LOAD WORKERS WELFARE BOARD, PUTHENCRUZ REGIONAL OFFICE,
PUTHENCRUZ, PIN - 623808 REPRESENTED BY ITS CHAIRMAN.
4. THE ASSISTANT LABOUR OFFICER, OFFICE OF THE ASSISTANT LABOUR
OFFICER, PERUMBAVOOR P.O., CIVIL STATION BUILDING, PERUMBAVOOR, PIN
- 683542
5. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, LABOUR
DEPARTMENT, SECRETARIAT THIRUVANANTHAPURAM, PIN - 695001
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to stay the effect and implementation of Exhibit P12 order by
allowing the petitioners to do their job and work based on the situation
prevailing under Exhibit P6 judgment, pending final disposal of the writ
petition, for the ends of justice.
This petition coming on for admission upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments of
SRI.BIJU ABRAHAM Advocate for the petitioners, GOVERNMENT PLEADER for R1,
R4 & R5 (By Order) and of SRI.K.S.ARUN KUMAR Advocate for R3 (By Order),
the court passed the following:
WP(C) No.2577/2023 2/3
RAJA VIJAYARAGHAVAN V, J.
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W.P. (C) No.2577 of 2023
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Dated this the 27th day of January, 2023
ORDER
The learned Government Pleader takes notice for respondents 1, 4 and 5.
Issue notice by speed post to the 2nd respondent. Sri.K.S.Arunkumar, the
learned Standing Counsel, takes notice for the 3rd respondent.
Having regard to the submissions advanced, prima facie, it appears that
the petitioners have made out a case on merits. Ext.P12 shall remain stayed
for a period of four weeks.
Sd/-
RAJA VIJAYARAGHAVAN V,
JUDGE
IAP
27-01-2023 /True Copy/ Assistant Registrar
WP(C) No.2577/2023 3/3
APPENDIX OF WP(C) 2577/2023
ExhibitP6 A TRUE COPY OF THE JUDGEMENT DATED 05-12-2022 IN W.A.
NO.1752/2022 OF THIS HON'BLE COURT
ExhibitP12 A TRUE COPY OF THE ORDER NO. H-4647/2022 DATED
13-01-2023 OF THE 1ST RESPONDENT
27-01-2023 /True Copy/ Assistant Registrar
