Antony Jacob vs Aralam Farming Corporation ...
2023 Latest Caselaw 7156 Ker

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
                                     &
                 THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
            Friday, the 23rd day of June 2023 / 2nd Ashadha, 1945
                              WA NO. 10 OF 2023
  AGAINST THE JUDGMENT DATED 19.12.2022 IN WP(C) 40008/2022 OF THIS COURT
APPELLANTS/ PETITIONERS:

  1. ANTONY JACOB, AGED 59 YEARS, S/O. JACOB, MUSTER WORKER, ARALAM FARM,
     ARALAM FARMING CORPORATION (KERALA) LIMITED, RESIDING AT
     THATTARASSERI HOUSE, PUTHIYANGADI, KIZHPALLY P.O, KANNUR DISTRICT,
     PIN - 670673
  2. SANTHOSH JOSEPH, AGED 54 YEARS, S/O.JOSEPH, SECURITY GUARD, ARALAM
     FARM, ARALAM FARMING CORPORATION (KERALA) LIMITED, RESIDING AT
     UTHIRAKKUDSDUMAKAL HOUSE, PALARINJAL, KEEZHPALLY P.O, PIN - 670704
  3. T.M MATHEW, AGED 55 YEARS, S/O. MATHAN, MUSTER WORKER ARALAM FARM,
     ARALAM FARMING CORPORATION (KERALA) LIMITED, RESIDING AT
     THAIPARAMBIL HOUSE, VATTAPARAMPA KEEZHPALLY. P.O., PIN - 670704

     BY ADV.SRI.R.SURENDRAN

RESPONDENTS/RESPONDENTS:

  1. ARALAM FARMING CORPORATION (KERALA) LIMITED, AP-VII/270 ARALAM
     FARM.P.O,KANNUR DISTRICT, PIN 670703, REPRESENTED BY THE MANAGING
     DIRECTOR, ARALAM FARMING CORPORATION (KERALA) LIMITED AP-VII/270
     ARALAM FARM.P.O, KANNUR DISTRICT, PIN - 670703.
  2. THE CHAIRMAN, (DISTRICT COLLECTOR, KANNUR), ARALAM FARMING
     CORPORATION (KERALA) LIMITED, COLLECTORATE, KANNUR, PIN - 670102
  3. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT,
     SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
  4. SECRETARY TO THE GOVERNMENT, FINANCE DEPARTMENT, SECRETARIAT,
     THIRUVANANTHAPURAM, PIN - 695001
  5. SECRETARY TO THE GOVERNMENT, SCHEDULED CASTE/ SCHEDULED TRIBES
     DEVELOPMENT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001
     *ADDL.R6 & R7 IMPLEADED.
  6. THE SECRETARY TO GOVERNMENT OF KERALA, FOREST & WILDLIFE DEPARTMENT,
     GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM- (695001.
  7. THE CHIEF CONSERVATOR OF FORESTS (HEAD OF THE FOREST FORCE), FOREST
     HEAD QUARTERS, VAZHUTHACAUD, THIRUVANANTHAPURAM-695 014. *ADDL.R6
     AND R7 IMPLEADED AS PER ORDER DATED 7/6/2023 IN IA 1/23 IN WA
     NO.1/2023.

     BY ADVS.M/S.V.HARISH & RAJAN VISHNURAJ,for R1 & BY GOVERNMENT
PLEADER for R2 to R5

     Prayer for interim relief in the Writ Appeal stating that in the
circumstances stated in the appeal memorandum, the High Court be pleased
to direct the respondents No.3 to 5 to transfer adequate funds to the
 first respondent for making payment of salary/ wages/ compensation as the
case may be due to 332 employees/ muster workers/ casual workers etc. in
Aralam Farm, including the appellants/ petitioners herein, that is due
from 1-8-2022, and to continue to pay the monthly salary/ wages/
compensation, pending disposal of this writ appeal.
     This Writ Appeal again coming on for order on 23.06.2023 upon
perusing the appeal memorandum and this court's order dated 7.06.2023, the
court on the same day passed the following:
          ALEXANDER THOMAS & C. JAYACHANDRAN, JJ.
                        ==================
                               WA 10/ 2023
      (Arising from the judgment dated 19.12.2022 in WP(C) No.40008/2022)
                        ==================
                 Dated this the 23rd day of June, 2023
                                 ORDER

Learned Senior Government Pleader submits that he has

secured written instructions of the competent authority of the 6 th

respondent State Government in the Forest and Wildlife Department

and seeks short time to file statement on the abovesaid aspects.

Time by ten days granted. List on 21.07.2023.

Handover to both sides.

sd/-

ALEXANDER THOMAS, JUDGE

sd/-

C. JAYACHANDRAN, JUDGE

Nsd