Kerala High Court

Sree Gokulam Public School vs State Of Kerala on 1 April, 2024

Author: Devan Ramachandran

Bench: Devan Ramachandran

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
     MONDAY, THE 1ST DAY OF APRIL 2024 / 12TH CHAITHRA, 1946
                     WP(C) NO. 5754 OF 2024
PETITIONER:
           SREE GOKULAM PUBLIC SCHOOL
           AGED 55 YEARS
           PAZHUVIL P.O, THRIPRAYAR, THRISSUR , REPRESENTED BY
           ITS ADMINISTRATOR, SREEJA, W/O. K.N CHANDRABOSE,
           KODACKKATTIL HOUSE, PERINGOTTUKARA P.O, THRISSUR,
           PIN - 680564
           BY ADVS.
           V.G.ARUN (K/795/2004)
           V.JAYA RAGI
           R.HARIKRISHNAN (KAMBISSERIL)
           NEERAJ NARAYAN
RESPONDENTS:
     1     STATE OF KERALA
           REPRESENTED BY LABOUR COMMISSIONER, LABOUR
           COMMISSIONERATE, THOZHIL BHAVAN, LABOUR COMPLEX,
           THIRUVANANTHAPURAM, PIN - 695033
     2     DEPUTY LABOUR COMMISSIONER
           OFFICE OF THE DEPUTY LABOUR COMMISSIONER, CORPORATION
           BUILDING, UDAYA NAGAR, CHEMBUKKAV, THRISSUR, KERALA,
           PIN - 680005
     3     GEETHA K.K
           MUNDAKKAL HOUSE, PERIMBILLISSERY WEST, CHERPPU P.O,
           THRISSUR, PIN - 680561
           BY ADVS.
           M.A.VAHEEDA BABU
           BABU KARUKAPADATH(B-13)
           P.U.VINOD KUMAR(K/647/2002)
           ARYA RAGHUNATH(K/000474/2018)
           KARUKAPADATH WAZIM BABU(MAH/8319/2019)
           P.LAKSHMI(K/001868/2021)
           AYSHA E.M.(K/001130/2022)
           SHIFANA KAISE(K/001171/2023)
           DENNIS BIJU(K/002709/2023)
           SHAWN JOHNSON(K/1262/2023)
           SMT.C.S.SHEEJA, SR.GP
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.04.2024, ALONG WITH WP(C).5791/2024, 5798/2024 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 5754 OF 2024 & Con.Cases
                                  2

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
         THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
    MONDAY, THE 1ST DAY OF APRIL 2024 / 12TH CHAITHRA, 1946
                        WP(C) NO. 5791 OF 2024
PETITIONER:

          SREE GOKULAM PUBLIC SCHOOL
          AGED 55 YEARS
          PAZHUVIL P.O, THRIPRAYAR, THRISSUR , REPRESENTED BY
          ITS ADMINISTRATOR, SREEJA, W/O. K.N CHANDRABOSE,
          KODACKKATTIL HOUSE, PERINGOTTUKARA P.O, THRISSUR,
          PIN - 680564
          BY ADVS.
          V.G.ARUN (K/795/2004)
          V.JAYA RAGI
          R.HARIKRISHNAN (KAMBISSERIL)
          NEERAJ NARAYAN


RESPONDENTS:

    1     STATE OF KERALA
          REPRESENTED BY LABOUR COMMISSIONER, LABOUR
          COMMISSIONERATE, THOZHIL BHAVAN, LABOUR COMPLEX,
          THIRUVANANTHAPURAM, PIN - 695033
    2     DEPUTY LABOUR COMMISSIONER
          OFFICE OF THE DEPUTY LABOUR COMMISSIONER, CORPORATION
          BUILDING, UDAYA NAGAR, CHEMBUKKAV, THRISSUR, KERALA,
          PIN - 680005
    3     ANTO K.K
          S/O. KITTAN KAKKU, PURATHOOR KITTAN HOUSE, PAZHUVIL
          WEST, THRISSUR, PIN - 680564
          BY ADVS.
          M.A.VAHEEDA BABU
          BABU KARUKAPADATH(B-13)
          P.U.VINOD KUMAR(K/647/2002)
          ARYA RAGHUNATH(K/000474/2018)
          KARUKAPADATH WAZIM BABU(MAH/8319/2019)
          P.LAKSHMI(K/001868/2021)
          AYSHA E.M.(K/001130/2022)
          SHIFANA KAISE(K/001171/2023)
          DENNIS BIJU(K/002709/2023)
          SHAWN JOHNSON(K/1262/2023)
 WP(C) NO. 5754 OF 2024 & Con.Cases
                               3

          SMT.C.S.SHEEJA - SR GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.04.2024, ALONG WITH WP(C).5754/2024 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 5754 OF 2024 & Con.Cases
                                  4

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
         THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
    MONDAY, THE 1ST DAY OF APRIL 2024 / 12TH CHAITHRA, 1946
                        WP(C) NO. 5798 OF 2024
PETITIONER:

          SREE GOKULAM PUBLIC SCHOOL
          AGED 55 YEARS
          PAZHUVIL P.O, THRIPRAYAR, THRISSUR, REPRESENTED BY
          ITS ADMINISTRATOR, SREEJA, W/O. K.N CHANDRABOSE,
          KODACKKATTIL HOUSE, PERINGOTTUKARA P.O, THRISSUR,
          PIN - 68056
          BY ADVS.
          V.G.ARUN (K/795/2004)
          V.JAYA RAGI
          R.HARIKRISHNAN (KAMBISSERIL)
          NEERAJ NARAYAN


RESPONDENTS:

    1     STATE OF KERALA
          REPRESENTED BY ITS SECRETARY, LABOUR COMMISSIONERATE,
          THOZHIL BHAVAN, LABOUR COMPLEX, THIRUVANANTHAPURAM,
          PIN - 695033
    2     DEPUTY LABOUR COMMISSIONER
          OFFICE OF THE DEPUTY LABOUR COMMISSIONER, CORPORATION
          BUILDING, UDAYA NAGAR, CHEMBUKKAV, THRISSUR, KERALA,
          PIN - 680005
    3     SHEELA K.B
          W/O. CHANDRAN, MANNAMTHINDIYIL HOUSE, KIZHAKKUMMURI
          P.O, PERINGOTTUKARA, THRISSUR, PIN - 680571
          BY ADVS.
          M.A.VAHEEDA BABU
          BABU KARUKAPADATH(B-13)
          P.U.VINOD KUMAR(K/647/2002)
          ARYA RAGHUNATH(K/000474/2018)
          KARUKAPADATH WAZIM BABU(MAH/8319/2019)
          P.LAKSHMI(K/001868/2021)
          AYSHA E.M.(K/001130/2022)
          SHIFANA KAISE(K/001171/2023)
          DENNIS BIJU(K/002709/2023)
          SHAWN JOHNSON(K/1262/2023)
 WP(C) NO. 5754 OF 2024 & Con.Cases
                               5

          SMT.C.S.SHEEJA - SR. GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.04.2024, ALONG WITH WP(C).5754/2024 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 5754 OF 2024 & Con.Cases
                                  6



               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
         THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
    MONDAY, THE 1ST DAY OF APRIL 2024 / 12TH CHAITHRA, 1946
                        WP(C) NO. 5815 OF 2024
PETITIONER:

          SREE GOKULAM PUBLIC SCHOOL
          AGED 55 YEARS
          PAZHUVIL P.O, THRIPRAYAR, THRISSUR, REPRESENTED BY
          ITS ADMINISTRATOR, SREEJA, W/O. K.N CHANDRABOSE,
          KODACKKATTIL HOUSE, PERINGOTTUKARA P.O, THRISSUR,
          PIN - 680564
          BY ADVS.
          V.G.ARUN (K/795/2004)
          V.JAYA RAGI
          R.HARIKRISHNAN (KAMBISSERIL)
          NEERAJ NARAYAN


RESPONDENTS:

    1     STATE OF KERALA
          REPRESENTED BY LABOUR COMMISSIONER, LABOUR
          COMMISSIONERATE, THOZHIL BHAVAN, LABOUR COMPLEX,
          THIRUVANANTHAPURAM, PIN - 695033
    2     DEPUTY LABOUR COMMISSIONER
          OFFICE OF THE DEPUTY LABOUR COMMISSIONER, CORPORATION
          BUILDING, UDAYA NAGAR, CHEMBUKKAV, THRISSUR, KERALA,
          PIN - 680005
    3     RESHMA
          D/O. K.K GOPALAN, KOLLAYIL HOUSE,
          KIZHUPPILLIKKARA P.O, THRISSUR, PIN - 680702
    4     GEETHA
          W/O. K.K GOPALAN, KOLLAYIL HOUSE,
          KIZHUPPILLIKKARA P.O, THRISSUR, PIN - 680702
          BY ADVS.
          M.A.VAHEEDA BABU
          BABU KARUKAPADATH(B-13)
          P.U.VINOD KUMAR(K/647/2002)
          ARYA RAGHUNATH(K/000474/2018)
          KARUKAPADATH WAZIM BABU(MAH/8319/2019)
          P.LAKSHMI(K/001868/2021)
 WP(C) NO. 5754 OF 2024 & Con.Cases
                               7

          AYSHA E.M.(K/001130/2022)
          DENNIS BIJU(K/002709/2023)
          SMT.C.S.SHEEJA - SR. GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.04.2024, ALONG WITH WP(C).5754/2024 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 5754 OF 2024 & Con.Cases
                                  8



               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
         THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
    MONDAY, THE 1ST DAY OF APRIL 2024 / 12TH CHAITHRA, 1946
                        WP(C) NO. 5839 OF 2024
PETITIONER:

          SREE GOKULAM PUBLIC SCHOOL
          AGED 55 YEARS
          PAZHUVIL P.O, THRIPRAYAR, THRISSUR REPRESENTED BY ITS
          ADMINISTRATOR, SREEJA, W/O. K.N CHANDRABOSE,
          KODACKKATTIL HOUSE, PERINGOTTUKARA P.O, THRISSUR,
          PIN - 680564
          BY ADVS.
          V.G.ARUN (K/795/2004)
          V.JAYA RAGI
          R.HARIKRISHNAN (KAMBISSERIL)
          NEERAJ NARAYAN


RESPONDENTS:

    1     STATE OF KERALA
          REPRESENTED BY LABOUR COMMISSIONER, LABOUR
          COMMISSIONERATE, THOZHIL BHAVAN (LABOUR COMPLEX),
          THIRUVANANTHAPURAM, PIN - 695033
    2     DEPUTY LABOUR COMMISSIONER
          OFFICE OF THE DEPUTY LABOUR COMMISSIONER, CORPORATION
          BUILDING, UDAYA NAGAR, CHEMBUKKAV, THRISSUR, KERALA,
          PIN - 680005
    3     KUTTAN K.R
          S/O. RAMANKUTTY, KOZHIKKANAKKAN HOUSE,
          KIZHUPPILLIKKARA P.O, THRISSUR, PIN - 680704
          BY ADVS.
          M.A.VAHEEDA BABU
          BABU KARUKAPADATH(B-13)
          P.U.VINOD KUMAR(K/647/2002)
          ARYA RAGHUNATH(K/000474/2018)
          KARUKAPADATH WAZIM BABU(MAH/8319/2019)
          P.LAKSHMI(K/001868/2021)
          AYSHA E.M.(K/001130/2022)
          DENNIS BIJU(K/002709/2023)
          SHAWN JOHNSON(K/1262/2023)
 WP(C) NO. 5754 OF 2024 & Con.Cases
                               9

          SMT.C.S.SHEEJA - SR. GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.04.2024, ALONG WITH WP(C).5754/2024 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 5754 OF 2024 & Con.Cases
                                  10



               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
         THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
    MONDAY, THE 1ST DAY OF APRIL 2024 / 12TH CHAITHRA, 1946
                        WP(C) NO. 5858 OF 2024
PETITIONER:

          SREE GOKULAM PUBLIC SCHOOL
          AGED 55 YEARS
          PAZHUVIL P.O, THRIPRAYAR, THRISSUR REPRESENTED BY ITS
          ADMINISTRATOR, SREEJA, W/O. K.N CHANDRABOSE,
          KODACKKATTIL HOUSE, PERINGOTTUKARA P.O, THRISSUR, PIN
          - 680564
          BY ADVS.
          V.G.ARUN (K/795/2004)
          V.JAYA RAGI
          R.HARIKRISHNAN (KAMBISSERIL)
          NEERAJ NARAYAN


RESPONDENTS:

    1     STATE OF KERALA
          REPRESENTED BY SECRETARY LABOUR COMMISSIONERATE,
          THOZHIL BHAVAN, LABOUR COMPLEX, THIRUVANANTHAPURAM,
          PIN - 695033
    2     DEPUTY LABOUR COMMISSIONER
          OFFICE OF THE DEPUTY LABOUR COMMISSIONER, CORPORATION
          BUILDING, UDAYA NAGAR, CHEMBUKKAV, THRISSUR, KERALA,
          PIN - 680005
    3     PRATHABHAN
          PANATTU HOUSE, KIZHAKKUMMURI P.O, PERINGOTTUKARA,
          THRISSUR, PIN - 680571
          BY ADVS.
          M.A.VAHEEDA BABU
          BABU KARUKAPADATH(B-13)
          P.U.VINOD KUMAR(K/647/2002)
          ARYA RAGHUNATH(K/000474/2018)
          KARUKAPADATH WAZIM BABU(MAH/8319/2019)
          P.LAKSHMI(K/001868/2021)
          AYSHA E.M.(K/001130/2022)
          SHIFANA KAISE(K/001171/2023)
          DENNIS BIJU(K/002709/2023)
 WP(C) NO. 5754 OF 2024 & Con.Cases
                               11

          SHAWN JOHNSON(K/1262/2023)
          SMT.C.S.SHEEJA - SR. GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.04.2024, ALONG WITH WP(C).5754/2024 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 5754 OF 2024 & Con.Cases
                                  12



               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
         THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
    MONDAY, THE 1ST DAY OF APRIL 2024 / 12TH CHAITHRA, 1946
                        WP(C) NO. 5938 OF 2024
PETITIONER:

          SREE GOKULAM PUBLIC SCHOOL
          PAZHUVIL P.O, THRIPRAYAR, THRISSUR, REPRESENTED BY
          ITS ADMINISTRATOR, SREEJA, W/O. K.N CHANDRABOSE,
          KODACKKATTIL HOUSE, PERINGOTTUKARA P.O, THRISSUR, PIN
          - 680564
          BY ADVS.
          V.G.ARUN (K/795/2004)
          V.JAYA RAGI
          R.HARIKRISHNAN (KAMBISSERIL)
          NEERAJ NARAYAN


RESPONDENTS:

    1     STATE OF KERALA
          REPRESENTED BY LABOUR COMMISSIONER, LABOUR
          COMMISSIONERATE, THOZHIL BHAVAN, LABOUR COMPLEX,
          THIRUVANANTHAPURAM, PIN - 695033
    2     DEPUTY LABOUR COMMISSIONER
          OFFICE OF THE DEPUTY LABOUR COMMISSIONER, CORPORATION
          BUILDING, UDAYA NAGAR, CHEMBUKKAV, THRISSUR, KERALA,
          PIN - 680005
    3     RADHAKRISHNAN .K
          S/O. GOPALAN NAIR, KUTTIPARAMBIL HOUSE, KODINNOOR
          P.O, THRISSUR, PIN - 680565
          BY ADVS.
          M.A.VAHEEDA BABU
          BABU KARUKAPADATH(B-13)
          P.U.VINOD KUMAR(K/647/2002)
          ARYA RAGHUNATH(K/000474/2018)
          KARUKAPADATH WAZIM BABU(MAH/8319/2019)
          P.LAKSHMI(K/001868/2021)
          AYSHA E.M.(K/001130/2022)
          SHIFANA KAISE(K/001171/2023)
          DENNIS BIJU(K/002709/2023)
          SHAWN JOHNSON(K/1262/2023)
 WP(C) NO. 5754 OF 2024 & Con.Cases
                               13

          SMT.C.S.SHEEJA - SR. GP
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.04.2024, ALONG WITH WP(C).5754/2024 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 5754 OF 2024 & Con.Cases
                                     14

                               JUDGMENT

The petitioner in these cases - which have been heard together,

adverting to the analogous factual circumstances presented and the

similarities of the reliefs sought - is stated to be a School.

2. The petitioner says that certain claims were made by the

party respondents - who claim to be 'ayahs' and drivers in their

services - before the Deputy Labour Commissioner, Thrissur (DLC),

which culminated in the impugned orders. They allege that the said

orders are illegal and unlawful, particularly because the 'DLC' has

refused permission to them to cross-examine the complainants; and

thus that the findings therein are illegal and untenable. They pray that

the impugned orders be set aside and the 'DLC' be directed to

reconsider the complaints in terms of law, after affording them

necessary opportunities to cross-examine the witnesses, including the

complainants.

3. In response to the afore assertions of the petitioner, as

made by their learned counsel - Sri.V.G.Arun, the learned Senior

Government Pleader - Smt.C.S.Sheeja, submitted that, in fact, the

'DLC' has acted in good faith, going by the concessions made by the

petitioner in as much as they said that they will be satisfied to cross- WP(C) NO. 5754 OF 2024 & Con.Cases

examine only the complainant in one of the connected matters, namely

in G.C.No.91/2023. She submitted that, since all these cases were

considered and disposed of together, it was agreed by the parties that

only the complainant in the afore case will need to be examined and

that the said matter can be taken as the lead case; thus leading the

'DLC' to pass orders, which are now impugned in these cases. She

submitted that, therefore, if this Court is not inclined to accept the

impugned orders, then liberty may be reserved to the 'DLC' to

reconsider the matter as per law.

4. Sri.Karukappadath Wasim Babu - learned counsel appearing

for the party respondents in these matters, submitted that the afore

objections impelled by the petitioner are only technical in nature; and

that the final order of the 'DLC' is without error. He argued that, when

the petitioner themselves had agreed before the said Authority, that

they were not intending to cross-examine any of the witnesses in these

matters, it is unfair on their part to have then approached this Court in

this manner. He thus prayed that this Writ Petition be dismissed.

5. I must say at the outset that, if the impugned orders had

recorded that the examination of witnesses were not being done with

the consent of the petitioner, then this Court may have dismissed these

writ petitions on such ground. However, the 'DLC' has not recorded so WP(C) NO. 5754 OF 2024 & Con.Cases

in any of the impugned orders; and, as matters now stand, he merely

records his opinion, but without indicating how the petitioner was

allowed to lead evidence. This is not merely a technical objection, but

one that goes to the root of the concept of procedural fairness; and am,

therefore, certain that the impugned orders cannot be allowed to

continue, particularly when, in the lead case, namely, G.C.No.91 of

2023, the complainant therein had been allowed to be cross examined.

In the afore circumstances, I allow these writ petitions and set

aside the impugned orders; however, directing the 'DLC' to reconsider

the respective cases, after affording necessary opportunity to the

petitioner to cross examine the witnesses/complainants; thus

culminating in fresh orders, as expeditiously as is possible, but not

later than three months from the date of receipt of a copy of this

judgment.

For an expeditious compliance of the afore directions, I permit

the parties to produce a certified copy of this judgment before the

'DLC', and the time frame fixed herein will begin from that date. I also

direct the parties not to seek any unnecessary adjournments before the

'DLC' and record their respective undertaking that they will not do so.

It goes without saying that this Court has not entered into the

merits of any of the rival contentions and that all of them are left open WP(C) NO. 5754 OF 2024 & Con.Cases

to be decided by the 'DLC' when the afore exercise is completed.

Sd/-

DEVAN RAMACHANDRAN JUDGE MC/2.4 WP(C) NO. 5754 OF 2024 & Con.Cases

APPENDIX OF WP(C) 5754/2024

PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE APPLICATION FILED UNDER FORM N ENVISAGED UNDER RULE 10 (1) OF THE RULES Exhibit P2 THE TRUE COPY OF AN ORDER DATED 14.02.2023 IN GC NO. 92 OF 2020 PASSED BY THE 2ND RESPONDENT/ DEPUTY LABOUR COMMISSIONER Exhibit P3 THE TRUE COPY OF THE FRESH APPLICATION DATED 08.05.2023 FILED UNDER FORM N ENVISAGED UNDER RULE 10 (1) Exhibit P4 THE TRUE COPY OF THE NOTICE DATED 04.07.2023 UNDER FORM O ENVISAGED UNDER RULE 11(1) ISSUED BY THE 2ND RESPONDENT Exhibit P5 THE TRUE COPY OF THE WRITTEN STATEMENT DATED 14.08.2023 FILED BY THE PETITIONER IN GC NO. 92 OF 2023 Exhibit P6 THE TRUE COPY OF AN ORDER DATED 11.01.2024 IN GC NO. 92/2023 PASSED BY THE DEPUTY LABOUR COMMISSIONER Exhibit P7 THE TRUE COPY OF THE JUDGMENT IN GC NO.