Kerala High Court
K.Premaraj vs The Managing Director on 20 June, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
&
THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
Tuesday, the 20th day of June 2023 / 30th Jyaishta, 1945
WA NO. 752 OF 2023
AGAINST THE JUDGMENT DATED 03/03/2023 IN WP(C) 6840/2021 OF THIS COURT.
APPELLANT/PETITIONER
K.PREMARAJ, MAKKANHIRATTE HOUSE, ERAMALA (PO), KOZHIKODE, PIN -
673501
K.PREMARAJ,(Party-In-Person)
RESPONDENTS/RESPONDENTS:
1. THE MANAGING DIRECTOR, MIMS HOSPITAL, GOVINDAPURAM (PO), KOZHIKODE,
PIN - 673016
2. LABOUR COURT, KOZHIKODE, CIVIL STATION, KOZHIKODE, PIN - 673020
BY ADVOCATES M/S.V KRISHNA MENON, P.VIJAYAMMA & J.SURYA FOR R1
Prayer for interim relief in the Writ Appeal stating in the
circumstances stated in appeal memorandum, the High Court be pleased to 1
issue a writ such certiorari or any order direction to Ex. P1 to the
extent full back wage, interest etc. to the appellant had been dined and
set aside the W.P.(C) 6849/2021 and Ext. P.1 set side the enquiry report.
2. allow full back wage till the Appellant attaned the age of
supernnauation 58 year 2005 to 2019 - 14 year full back wage as per the
present wage. 3. Rs. 50 lak compensation may be allowed for poison,
propadanga appellant insane, they us poison gas while sleeping, mix
poision in drinking water well,. 4. Ext. P1 page 25 finds accommodation
was provided as per EXM.2 offer letter free of cost Rs. 5,000/- per month
may be allowed in service period. 5. direct JFCM IV. Kozhikode to take
case against Dr. Asad Muppan Chairman MIMS Dr. Abdulla Cherekkade than
Managing Director, MIMS as per CRPC 340 and 195.
This Writ Appeal again coming on for orders on 20/06/2023 upon
perusing the appeal memorandum and this Court's order dated 02/06/2023,
the Court on the same day passed the following:
ALEXANDER THOMAS & C. JAYACHANDRAN, JJ.
==================
CM Appl. No.1/2023 in WA 990/ 2023 & WA 990/ 2023
(Arising out of the judgment of the learned Single Judge in WP© No.11595/2021 dated
03.03.2023)
WA 752/ 2023
(Arising out of the Judgment dated 03.03.2023 in WP(C) No.6840/2021)
==================
Dated this the 20th day of June, 2023
ORDER
CM Appl. No.1/2023 in WA 990/ 2023
This is an application filed by the appellant seeking condonation of
the delay of 46 days in filing this Writ Appeal.
2. Heard Sri.V.Krishnamenon, learned Counsel appearing for the
applicant/appellant and the respondent herein who has appeared as party
in person. The respondent has opposed the plea for delay condonation.
After having heard both sides and after taking note of the facts and
circumstances disclosed in the affidavit dated 17.06.2023 filed in support
of the delay condonation application, the following facts are noted. The
impugned judgment was rendered on 03.03.2023. The certified copy of the
said judgment was received by the Counsel for the appellant herein on
06.03.2023 and they had on the same day forwarded it to the superior
office of the appellant herein. The said certified copy of the judgment was
thus received in the office of the appellant on 09.03.2023. The appellant
had on the same day, through email sought opinion of their counsel
CM Appl. No.1/2023 in WA 990/ 2023 & WA 990/ 2023 & WA 752/ 2023
- : 2 :-
regarding findings of the learned Single Judge in the impugned judgment
dated 03.03.2023. The Counsel for the appellant had on 09.03.2023
through email had opined that there is scope to file writ appeal to challenge
the impugned judgment. The appellant had then decided to file appeal on
17.05.2023. Further that this Court closed for summer vacation since
14.04.2023 upto 22.05.2023. The appeal was filed on the reopening day
after summer holidays on 22.05.2023. There occurred a delay of 46 days in
that regard in filing the above Writ Appeal. After hearing both sides, we are
of the view that sufficient grounds have been made out by the appellant for
condoning the delay. In that view of the matter, it is ordered in the interest
of justice that the delay of 46 days in filing this WA will stand condoned.
With these observations and directions, the above Civil
Miscellaneous Application will stand disposed of.
WA No.990/2023
Admit WA.
2. R1 in the WP(C)/R1 in the WA has appeared as party in person
and he has taken notice. R2 Labour Court is a quasi-judicial Tribunal and
hence, notice is dispensed with. Service complete.
3. The Registry will show that the aforesaid party in person has
entered appearance. The pleas in the interim relief portion of this Writ
Appeal are two fold. The 1st plea is for interim stay of the operation and
CM Appl. No.1/2023 in WA 990/ 2023 & WA 990/ 2023 & WA 752/ 2023
- : 3 :-
enforcement of the impugned judgment. The 2 nd plea therein is that stay
may be granted by the Appellate Court regarding further proceedings in
pursuance of Ext.P3 petition. It is stated by Sri.V.Krishna Menon, learned
Counsel appearing for the appellant that the learned Single Judge at the
WP(C) Stage had granted stay of further proceedings in pursuance of
Ext.P3 petition as per order rendered on IA No.1/2022 in WP(C)
No.11595/2021 and that interim stay of Ext.P3 proceedings was in force till
the disposal of the writ petition.
4. Ext.P3 has been produced alongwith IA No.1/2022 in the
above WP(C). A reading of Ext.P3, more particularly, its English
Translation as produced in the IA would show that its a petition filed under
Sections 340 & 195 of the Cr.P.C. by R1 herein. It is pointed out by
Sri.V.Krishna Menon, learned counsel appearing for the appellant that the
admitted case of the respondent herein in Ext.P3 petition is that certain
documents which were already allegedly fabricated or forged were later
produced by the appellant before the Labour Court and other authorities
and that therefore he is invoking the remedy under Sec.340 read with
Sec.195 of the Cr.PC. It is urged that even as per the admitted case in
Ext.P3, the respondent has no case that a document which was otherwise
proper and genuine was produced in the Court and thereafter forgery or
falsification of the document has been done, when the document was in the
custody of the court below concerned. That it is now well established by the
CM Appl. No.1/2023 in WA 990/ 2023 & WA 990/ 2023 & WA 752/ 2023
- : 4 :-
ruling of the Constitution Bench of he Apex Court in the celebrated case
Iqbal Singh Marwah & anr. v. Minakshi Marwah & anr. [(2005) 4 SCC 370]
that it is only in a case of custodia legis that the proceedings in terms of
Sec.340 of the Cr.PC would lie. In other words, in a case where the
document is alleged to be fabricated or falsified even before its production
in the Court, then proceedings under Sec.340 Cr.PC etc., may not lie.
Hence, there will be interim stay of further proceedings in pursuance of
Ext.P-3.
The plea for grant of interim stay in the impugned judgment made in
this Appeal, WA No.990/2023 will be considered later.
Both sides will apprise this Court, as to whether they are amenable
for mediatory efforts.
List this WA along with WA No.752/2023 on 19.07.2023 as the last
item in the petition list.
WA No.752/2023
List this case along with WA No.990/2023 on 19.07.2023.
Handover to both sides.
sd/-
ALEXANDER THOMAS, JUDGE
sd/-
C. JAYACHANDRAN, JUDGE
Nsd
