Kerala High Court
Adharsh Revi vs M/S Vaartha News Network Pvt.Ltd on 1 August, 2024
Author: N.Nagaresh
Bench: N.Nagaresh
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 1ST DAY OF AUGUST 2024 / 10TH SRAVANA, 1946
WP(C) NO. 14099 OF 2024
PETITIONER
ADHARSH REVI
AGED 42 YEARS
S/O. RABINDRANATH M, DEEPAK HOUSE,
KARUKACHAL P.O., KOTTAYAM DISTRICT-686540
BY ADVS.
PRABHA JOSE
BIJU THANKAPPEN
RESPONDENTS:
1 M/S VAARTHA NEWS NETWORK PVT.LTD,
III FLOOR, KTDFC BUILDING,
KSRTC BUS STAND, ANGAMALY,
ERNAKULAM, REPRESENTED BY ITS DIRECTOR,
PIN - 683572
2 THE CHAIRMAN,
M/S VAARTHA NEWS NETWORK PVT.LTD, III FLOOR,
KTDFC BLDG, KSRTC BUS STAND,
ANGAMALY, ERNAKULAM,, PIN - 683572
3 THE PRESIDING OFFICER,
LABOUR COURT,
ERNAKULAM DISTRICT, PIN - 682031
4 THE ASSISTANT LABOUR OFFICER,
ERNAKULAM IIND CIRCLE, KAKKANADU,
ERNAKULAM DISTRICT, PIN - 682030
5 THE DISTRICT LABOUR OFFICER, ERNAKULAM
KAKKANADU, ERNAKULAM DISTRICT,
PIN - 682030
BY ADVS.
JAGADEESH K
V.RENJU(K/2317/1999)
NIKHEL K GOPINATH(K/000352/2016)
SMT.RESMI THOMAS-GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
01.08.2024, ALONG WITH WP(C).15552/2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) Nos.14099 & 15552 of 2024
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 1ST DAY OF AUGUST 2024 / 10TH SRAVANA, 1946
WP(C) NO. 15552 OF 2024
PETITIONER/WORKMEN:
SAJU THOMAS
AGED 44 YEARS
KOCHUKALATHIL HOUSE,
THELLAKOM, KOTTAYAM, PIN - 686630
BY ADVS.
PRABHA JOSE
BIJU THANKAPPEN
RESPONDENTS/MANAGEMENT:
1 M/S VAARTHA NEWS NETWORK PVT.LTD,
III FLOOR, KTDFC BLDG,
KSRTC BUS STAND, ANGAMALY,
ERNAKULAM,
REPRESENTED BY ITS DIRECTOR,
PIN - 683572
2 THE CHAIRMAN,
M/S VAARTHA NEWS NETWORK PVT.LTD, III FLOOR,
KTDFC BLDG, KSRTC BUS STAND,
ANGAMALY, ERNAKULAM, PIN:683572.
3 PRESIDING OFFICER,
LABOUR COURT, ERNAKULAM DISTRICT, KOCHI
PIN:682031
4 ASSISTANT LABOUER OFFICER
ERNAKULAM IIND CIRCLE, KAKKANADU,
ERNAKULAM DISTRICT, PIN:682030
5 DISTRICT LABOUR OFFICER,
LABOUR OFFICE, KAKKANADU,
ERNAKULAM DISTRICT, PIN - 682030
WP(C) Nos.14099 & 15552 of 2024
3
BY ADVS.
JAGADEESH K
V.RENJU(K/2317/1999)
NIKHEL K GOPINATH(K/000352/2016)
SMT.SHEEJA C.S.-SR.GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 01.08.2024, ALONG WITH WP(C).14099/2024, THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) Nos.14099 & 15552 of 2024
4
JUDGMENT
Dated this the 1st day of August, 2024
[WP(C) Nos.14099 & 15552 of 2024]
The petitioners in these writ petitions are workmen of the
1st respondent-Establishment. The 1st respondent falls under
the provisions of the Working Journalists and Other
Newspaper Employees (Conditions of the Service) and
Miscellaneous Provisions Act, 1955.
2. The petitioners approached the Labour Court
raising disputes regarding denial of employment and also
regarding the classification of the 1 st respondent-News Paper
Establishment. The Labour Court has passed Exts.P9 and
P10 Awards in favour of the petitioners.
3. The petitioner in W.P.(C) No.14099 of 2024 is
seeking the following reliefs:-
"a. Declaring the petitioner entitled to receive
arrears of revised wages and other allowances from the
1st and 2nd respondents since the 1st of June, 2016 to
WP(C) Nos.14099 & 15552 of 2024
7th of April, 2022;
b. Directing the first and second respondents
to pay the petitioner a sum of ₹24,18,000/- towards
arrears of wages at the revised rate for the period
between 1st of June, 2016 and the 2021 July;
c. Directing the first and second respondents
to pay the petitioner a sum of ₹1,44,000 towards arrears
of wages for the period from 1.08.2021 to 7.04.2022.
d. Directing the first and second respondent to
pay the petitioner a sum of ₹17,04,690/- towards
interest at the rate of 9% per annum on ₹24,18,000/- the
arrears of wages, for the period between 1st of June,
2016 and the 27th of March 2024;
e. Directing the first and second respondents
to pay the petitioner ₹1,17,000/- towards gratuity and
₹1,80,180/- towards Provident Fund for the period from
01.06.2016 to 07 .04.2022.
f. Directing the first and second respondents
to pay the petitioner ₹2,51,706/- as earned leave and
₹79,040/- towards medical leave for the period from
01.06.2016 to 07 .04.2022.
g. Directing the first and second respondents
to pay the petitioner a sum of ₹4,24,500/-as allowance
specified under Section III chapter XIX of wage board for
the period from 01.06.2016 to 07 .04.2022.
h. Directing the 1st and the 2nd respondents to
pay the petitioner a sum of ₹2,99,272.00 towards
interest at the rate of 9% per annum on ₹4,24,500/-as
allowance, for the period between 1st of June, 2016 and
the 27th of March 2024.
i. Directing the 1st and the 2nd respondents to
pay the petitioner a sum of ₹1,00,000/-. for the cost of
the proceedings."
4. The petitioner in W.P.(C) No.15552 of 2024 is
seeking the following reliefs:-
a. Declaring the petitioner entitled to receive arrears
of revised wages and other allowances from the 1st and 2nd
WP(C) Nos.14099 & 15552 of 2024
respondents since the 1st of June, 2016 to 12th of July
2021, and continue upto 14th of August, 2022;
b. Directing the first and second respondents to pay
the petitioner a sum of ₹25,42,000/- towards arrears of
wages at the revised rate for the period between 1st of
June, 2016 and the 2021 July;
c. Directing the first and second respondents to pay
the petitioner a sum of ₹17,92,110/- towards interest at the
rate of 9% per annum on ₹25,42,000/- the arrears of
wages, for the period between 1 st of June, 2016 and the
27th of March 2024;
d. Directing the first and second respondents to pay
the petitioner ₹1,23,000/- towards gratuity and ₹2,01,480/-
towards Provident Fund for the period from 01.06.2016 to
14.08.2022.
e. Directing the first and second respondents to pay
the petitioner ₹2,64,614/- as earned leave and
₹83,141.00/- towards medical leave for the period from
01.06.2016 to 14.08.2022.
f. Directing the first and second respondents to pay
the petitioner a sum of ₹4,55,800/-as allowance specified
under Section III chapter XIX of wage board for the period
from 01.06.2016 to 14.08.2022. g. Directing the 1 st and the
2nd respondents to pay the petitioner a sum of
₹3,21,339.00 towards interest at the rate of 9% per annum
on ₹4,55,800/-as allowance, for the period between 1st of
June, 2016 and the 27th of March 2024.
h. Directing the 1st and the 2nd respondents to pay
the petitioner ₹2,28,702/- towards 9% interest on Gratuity
and Provident Fund, together, ₹3,24,480/- for the period
between 1st of June, 2016 and the 27th of March 2024
i. Directing the 1st and the 2nd respondents to pay
the petitioner a sum of ₹1,00,000/- for the cost of the
proceedings."
5. It is evident from the pleadings and prayers that the
petitioners are seeking the benefit flowing from the Awards
passed by the Labour Court. The 1st respondent is a private
WP(C) Nos.14099 & 15552 of 2024
Establishment. It is not a State or an instrumentality of the
State. Therefore, a writ petition is not maintainable.
6. The petitioners would submit that there are disputes
relating to quantum of amount payable to the petitioners,
pursuant to the Awards.
7. If that be so, for execution of the Awards and for
computation of money due to the petitioners, the petitioners
have to resort to the provisions of the Industrial Disputes Act,
1947. Furthermore, the Working Journalists and Other
Newspaper Employees (Conditions of the Service) and
Miscellaneous Provisions Act, 1955 also provides a
mechanism for execution of orders passed under the
provisions of the Act, 1955. A writ petition is not maintainable
for execution of Awards passed by the Labour Court.
The writ petitions are therefore dismissed.
Sd/-
N.NAGARESH
JUDGE
hmh
WP(C) Nos.14099 & 15552 of 2024
APPENDIX OF WP(C) 14099/2024
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF MAJITHIA WAGE BOARD
RECOMMENDATIONS
Exhibit P2 THE LETTER OF TERMINATION ISSUED BY THE
1ST RESPONDENT DATED 11.06.2016
Exhibit P3 THE TRUE COPY OF THE JUDGEMENT OF
HON'BLE SUPREME COURT OF INDIA, IN ABP
PVT. LTD. V. UNION OF INDIA AND
OTHERS , [(2014) 3 SCC327]
Exhibit P4 THE TRUE COPY OF THE COMPLAINT FILED
BEFORE THE 5TH RESPONDENT ON 20.04.2016
Exhibit P5 THE TRUE COPY OF THE REPORT OF THE 5TH
RESPONDENT, ALONG WITH THE GOVT. ORDER
DATED 03.04.2017 REFERRING THE DISPUTE
TO THE 3RD RESPONDENT
Exhibit P6 THE TRUE COPY OF THE ARREAR CLAIM MADE
BY THE PETITIONER DATED 11.07.2016
Exhibit P7 THE TRUE COPY OF CLAIM STATEMENT IN
I.D.16/2017 DATED 30.10.2017 BEFORE THE
LABOUR COURT ERNAKULAM
Exhibit P8 THE TRUE COPY OF STATEMENT OF CLAIM
FILED IN I.D.16/2017 DATED 30.10.2017
BEFORE THE LABOUR COURT ERNAKULAM
Exhibit P9 THE TRUE COPY OF THE AWARD IN
I.D.27/2017 OF THE LABOUR COURT
ERNAKULAM DATED 10/02/2021
Exhibit P10 THE TRUE COPY OF THE AWARD IN
I.D.16/2017 OF LABOUR COURT , ERNAKULAM
DATED 10/02/2021
Exhibit P11 THE TRUE COPY OF LETTER OF RE-
INSTATEMENT DATED 12/07/2021
Exhibit P12 THE TRUE COPY OF THE JUDGEMENT IN WRIT
PETITION (C.) NO. 14821 OF 2021 OF THIS
HON'BLE COURT DATED 26/07/2021
Exhibit P13 THE TRUE COPY OF THE JUDGEMENT IN WRIT
APPEAL NO.1286/2021 OF THIS HON'BLE
COURT DATED 02/12/2021
Exhibit P14 THE TRUE COPY OF THE SPECIAL LEAVE
WP(C) Nos.14099 & 15552 of 2024
PETITION (CIVIL.) NO. 442 OF 2023
BEFORE THE HON'BLE SUPREME COURT OF
INDIA
Exhibit 15 THE TRUE COPY OF THE LETTER OF
ACCEPTANCE OF RESIGNATION ISSUED BY THE
1 ST RESPONDENT TO THE PETITIONER DATED
10.03.2021
RESPONDENT EXHIBITS
EXHIBIT R1(A) TRUE PHOTOSTAT COPY OF THE BALANCE
SHEET AND PROFIT AND LOSS ACCOUNT AS ON
31-3-2009 SUBMITTED BY THE ERSTWHILE
COMPANY , M/S.VARTHA REALTY MEDIA PVT.
LTD
EXHIBIT R1(B) TRUE PHOTOSTAT COPY OF THE RELEVANT
PAGES OF BALANCE SHEET AND PROFIT AND
LOSS ACCOUNT AS ON 31-3-2010 SUBMITTED
BY THE ERSTWHILE COMPANY , M/S.VARTHA
REALTY MEDIA PVT. LTD
EXHIBIT R1(C) TRUE COPY OF THE INTERIM ORDER OF THIS
HONOURABLE COURT IN W.P© NO.25443 OF
2021 DATED 16-11-2021
WP(C) Nos.14099 & 15552 of 2024
APPENDIX OF WP(C) 15552/2024
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF MAJITHIA WAGE BOARD
RECOMMENDATIONS
ExhibitP 2 THE TRUE COPY OF LETTER OF TERMINATION
ISSUED BY THE 1ST RESPONDENT DATED
09.06.2016
Exhibit P3 THE TRUE COPY OF THE JUDGEMENT OF
HON'BLE SUPREME COURT OF INDIA, IN ABP
PVT.LTD. V. UNION OF INDIA AND OTHERS ,
(MANU/SC/0084/2014)
Exhibit P4 THE TRUE COPY OF THE COMPLAINT FILED BY
THE PETITIONER ON 20.04.2016
ExhibitP 5 THE TRUE COPY OF THE REPORT OF THE 5TH
RESPONDENT, ALONG WITH THE GOVT. ORDER
DATED 03.04.2017 REFERRING THE DISPUTE
TO THE 3RD RESPONDENT
Exhibit P6 THE TRUE COPY OF THE ARREAR CLAIM MADE
BY THE PETITIONER DATED 11.07.2016
Exhibit P7 THE TRUE COPY OF CLAIM PETITION IN
I.D.16/2017 DATED 30.10.2017
Exhibit P8 THE TRUE COPY OF THE CLAIM PETITION IN
Exhibit P9 THE TRUE COPY OF THE AWARD IN
Exhibit P10 THE TRUE COPY OF THE AWARD IN
Exhibit P11 THE TRUE COPY OF LETTER OF RE-
INSTATEMENT DATED 05.07.2021 AND 12TH
JULY 2021
Exhibit P12 THE TRUE COPY OF THE JUDGEMENT IN WRIT
PETITION (CIV.) NO. 14799 OF 2021
Exhibit P13 THE TRUE COPY OF THE JUDGEMENT IN WRIT
APPEAL NO.1520/2021 THIS HON'BLE COURT
Exhibit P14 THE TRUE COPY OF THE SPECIAL LEAVE
PETITION (CIV.) NO.001630/2023
EXHIBIT P15 . THE TRUE COPY OF THE DIRECTION
PETITION
EXHIBIT P16 THE TRUE COPY OF THE REPLY AFFIDAVIT
WP(C) Nos.14099 & 15552 of 2024
FILED BY THE 1ST AND THE 2ND RESPONDENT
EXHIBIT P17 THE TRUE COPY OF THE FORMAT FILLED BY
1ST RESPONDENT, FILED BEFORE THE
GOVERNMENT OF KERALA, FOR ACCREDITATION
OF EMPLOYEES,
EXHIBIT P18 THE TRUE COPY OF THE INCREMENT
ANNOUNCED BY THE 1ST RESPONDENT, DATED
01.11.2015, IN FAVOUR OF THE PETITIONER
RESPONDENT EXHIBITS
EHIBIT R1(A) A TRUE PHOTOSTAT COPY OF THE BALANCE
SHEET AND PROFIT AND LOSS ACCOUNT AS ON
31-3-2009 SUBMITTED BY THE ERSTWHILE
COMPANY , M/S.VARTHA REALTY MEDIA PVT.
LTD
EXHIBIT R1(B) TRUE PHOTOSTAT COPY OF THE RELEVANT
PAGES OF BALANCE SHEET AND PROFIT AND
LOSS ACCOUNT AS ON 31-3-2010 SUBMITTED
BY THE ERSTWHILE COMPANY , M/S.VARTHA
REALTY MEDIA PVT. LTD
EXHIBIT R1(C) TRUE COPY OF THE INTERIM ORDER OF THIS
HONOURABLE COURT IN W.P© NO.25443 OF
2021 DATED 16-11-2021
