The Manager vs Labour Court
2024 Latest Caselaw 5571 Ker

Kerala High Court

The Manager vs Labour Court on 16 February, 2024

Author: P Gopinath

Bench: P Gopinath

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                 THE HONOURABLE MR. JUSTICE GOPINATH P.
     FRIDAY, THE 16TH DAY OF FEBRUARY 2024 / 27TH MAGHA, 1945
                        WP(C) NO. 39416 OF 2016
PETITIONER/S:

          THE MANAGER
          VRINDHAVAN ESTATE,MAMBATTA,
           POOKOTTUMPADAM, NILAMBUR, MALAPPURAM DIST.
          BY ADVS.
          SRI.ABRAHAM VAKKANAL (SR.)
          SRI.DIJO SEBASTIAN
          SRI.SAMPATH V. TOMS
          SMT.VINEETHA SUSAN THOMAS


RESPONDENT/S:

    1     LABOUR COURT
          KOZHIKODE REP. BY ITS SECRETARY PIN- 673 001
    2     THE PRESIDENT
          MALAPPURAM DISTRICT ESTATE-LABOUR CONGRESS (INTUC)
          AMARAMBALAM COMMITTEE, INDIRA BHAVAN,
          POOKOTTUMPADAM, NILAMBUR, MALAPPURAM DIST.
          BY ADVS.
          SRI.R.RANJITH (MANJERI)
          SRI.R.RANJITH MANJERI
          SRI. DHEERAJ A.S, GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
16.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 39416 OF 2016             2



                                 JUDGMENT

Petitioner has approached this Court, challenging Ext.P7

award dated 03.08.2016 in I.D. No.41/2013 of the Labour Court,

Kozhikode, to the extent it holds that the strike by certain

employees of the petitioner -Company was justifiable.

2. It appears that, the petitioner proceeded against the

employees and the employees in question and they have been

removed from the service by the petitioner, on 11.09.2012,

following completion of disciplinary proceedings.

In that view of the matter, nothing further survives for

consideration in this writ petition and it is accordingly closed.

The petitioner is permitted to raise all contention in any

proceedings, that may have been initiated, by the employees in

question regarding their termination from service. It is made

clear that, in that light of the judgment of this Court dated

05.01.2024 in W.P.(C.) No.23673 of 2014, the award will not

have the effect of reopening any issue covered by the terms of

that judgment.

Sd/-

GOPINATH P. JUDGE ajt

APPENDIX OF WP(C) 39416/2016

PETITIONER EXHIBITS EXHIBTP1 TRUE COPY OF THE AWARD IN ID NO.34/2012IN THGE LABOUR COURT, KJOZHIKODE KERALA DATED 31-01-2014 EXHIBIT P2 TRUE COPY OF THE CLAIM STATEMENT DATED 10-10-

EXHIBIT P3 TRUE COPY OF THE REPLY STATEMENT DATED 21-12-

EXHIBITP4 TRUE COPY OF THE REJOINDER DATED 28-02-2014 EXHIBITP5 TRUE COPY OF THE JUDGENT IN WPC NO.22162OF 2012(U) DATED 27-11-2012 EXHIBIT P6 TRUE COPY OF THE ORDER DATED 04-06-2016 EXHIBIT P7 TRUE COPY OF THE AWARD IN ID NO.41/2013 DATED 03-08-2016