Kerala High Court
The Kozhikode District Co-Operative ... vs T. J. Pathrose on 6 November, 2024
Author: N. Nagaresh
Bench: N.Nagaresh
2024:KER:82227
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 6TH DAY OF NOVEMBER 2024 / 15TH KARTHIKA, 1946
WP(C) NO. 12226 OF 2023
PETITIONERS:
1 THE KOZHIKODE DISTRICT CO-OPERATIVE RUBBER MARKETING
SOCIETY LIMITED,
CHEROOTY ROAD, KOZHIKODE
REPRESENTED BY ITS PRESENT MANAGING
DIRECTOR-IN-CHARGE.,
PIN - 673001
2 THE MALABAR CRUMB RUBBER FACTORY
UNIT OF KOZHIKODE DIST.CO-OPERATIVE RUBBER MARKETING
SOCIETY LIMITED.,
CHEROOTY ROAD, KOZHIKODE,
REPRESENTED BY ITS FACTORY MANAGER-IN-CHARGE.,
PIN - 673001
BY ADVS.
SMT.M.M.FATHIMA JALEENA
SRI.V.J.JAMES
SRI.K.A.HAZAN
SRI.ARUN PAUL (KAPRASSERY)
SRI.K.P.WILSON
SRI.RAMESH KUMAR K.
RESPONDENTS:
1 T. J. PATHROSE,
THENMALAYAL HOUSE,
THEYYAPARA P. O., KODENCHERY,
KOZHIKODE DISTRICT., PIN - 673580
2024:KER:82227
W.P.(C) No.12226/2023&7091/24/2024
:2:
2 K. M MARAKAR
KAMBAKUDI HOUSE, KARIKULAM,
KAKKAD P.O., KOZHIKODE DISTRICT.,
PIN - 673586
3 JOSE MATHEW
MANGALATH HOUSE,
KANNOTH P. O.,
KODENCHERY, PIN - 673580
4 SMT.ANCY ANDREWS
LEGAL HEIR OF LATE V.S ANDREWS ,
VELLAPPANAT HOUSE,
KANNOTH P, O,
KODENCHERY, PIN - 673580
5 P. BALAKRISHNAN
MAILAKKATTUKANDY HOUSE,
P. O. UNNIKULAM.
PUNUR,, PIN - 673574
6 K. S. PAUL
KOLANCHERY HOUSE,
P. O. KUPPAYAKODE,
KODENCHERY, PIN - 673580
7 N. M. GOPALAN
MUTTILPARMBIL HOUSE,
KUPPAYAKODE, KODENCHERY,
PIN - 673580
8 K. T. JOSEPH
KUDIYIRIKAL HOUSE,
CHAMAL, THAMARASSEY,
PIN - 673573
9 K. N. SUKUMARAN NAIR
MAVILAT HHOUSE,
KUNHIKULAM, PUTHUPADI,
PIN - 673586
2024:KER:82227
W.P.(C) No.12226/2023&7091/24/2024
:3:
10 T. P. HASSAN
THANKIYEKKAL HOUSE,
POOLODE, PUTHUPADI,
PIN - 673586
11 P. U. ULAHANNAN
PARASSERIYIL HOUSE,
KUPPAYAKODE, KODENCHERY,
PIN - 673580
12 P. P. JOSEPH
PALAKKAMATTAM HOUSE,
ENGAPUZA, PUTHUPADI,
PIN - 673586
13 I. K. BALAN
KALLUVETTUKUZHIPARAMBIL HOUSE,
THAMARASSEY, PIN - 673573
14 O. J. MATHAI
URUMBIL HOUSE,
KUPPAYAKODE, KODENCHERY,
PIN - 673580
15 P. M. THANKACHAN
POTTAYIL HOUSE,
KODENCHERY, PIN - 673580
16 P. J. JOHN
PUTHIYEDATH HOUSE,
KODENCHERY, PIN - 673580
17 K. J. VARKEY
KOOTTUNKAL HOUSE, KUPPAYAKODE,
KODENCHERY,PIN - 673580
18 M. K. PREMANANDAN
MADATHIL HOUSE, ENGAPUZA,
PUTHUPADI, PIN - 673586
19 SIBI JOSEPH
VENDANATH HOUSE,
KOORACHUNDU, PIN - 673527
2024:KER:82227
W.P.(C) No.12226/2023&7091/24/2024
:4:
20 P. U. VENU
MUTTILPARAMBIL HOUSE, KUPPAYAKODE,
KODENCHERY, PIN - 673580
21 V.K. VELAYUDHAN
VALLIKETTUKUNNUMMAL HOUSE,
25TH MILE, PUTHUPADI,
PIN - 673586
22 V. A. HUSSAIN
VALLIKETTUMMAL HOUSE,
ENGAPUZA, PUTHUPADI.,
PIN - 673586
23 GEORGE JOSEPH
PUDUSSERIYIL HOUSE,
KUPPAYAKODE, KODENCHERY,
PIN - 673580
24 M. J. JOSE
MOLEKUNNEL HOUSE, KANNOTH,
KODENCHERY,
PIN - 673580
25 K. M. PAULOSE
KODIYATH HOUSE, THEYYAPARA,
KODENCHERY, PIN - 673580
26 PAUL GEORGE
PULPPARAYIL HOUSE, ENGAPUZA,
PUTHUPADI, PIN - 673586
27 P. M. TOMY
PULIMALAYIL HOUSE, FACTORYPADY,
PUTHUPADI, PIN - 673586
28 V. V. BABY
VEMBULLIL HOUSE, KUPPAYAKODE,
KODENCHERY, PIN - 673580
29 K. M. SURESH
KOVILATHUMPADI HOUSE,
KUPPAYAKODE, KODENCHERY,
PIN - 673580
2024:KER:82227
W.P.(C) No.12226/2023&7091/24/2024
:5:
30 M. K. BABU
MALYYEKKAL HOUSE, KUPPAYAKODE,
KODENCHERY, PIN - 673580
31 O. L. SOOSA
VAKKATHINAL HOUSE,
ENGAPUZA, PUTHUPADI,
PIN - 673586
32 V. K. JANARDHANAN
VELLATHARA HOUSE, ENGAPUZA,
PUTHUPADI,
PIN - 673586
33 N. J. BIJU
NADUKKARA HOUSE, ENGAPUZA,
PUTHUPADI, PIN - 673586
34 P.V. MADEESH KUMAR
KARTHIKA HOUSE, KUPPAYAKODE,
KODENCHERY, PIN - 673580
35 P. M. GEORGE
PUTHIYEDATH HOUSE, ENGAPUZA,
PUTHUPADI, PIN - 673586
36 MANOJ JOSEPH
INDIKKUZHA HOUSE, KUPPAYAKODE,
KODENCHERY, PIN - 673580
37 M. P. VINU,
MANJUMMELKUDY HOUSE, ENGAPUZA,
PUTHUPADI, PIN - 673586
38 GEORGE VARGHESE
VETTUKALLEL HOUSE, ENGAPUZA,
KODENCHERY, PIN - 673580
39 A. J. JOHN
AMIKKATTU HOUSE, ENGAPUZA P. O.
PUTHUPADI, PIN - 673586
2024:KER:82227
W.P.(C) No.12226/2023&7091/24/2024
:6:
40 C. HARIDAS
C.U. BUILDING, PULLALOOR P. O.,
KARUVATTOOR, PIN - 673611
41 THE SECRETARY
MALABAR CRUMB RUBBER FACTORY
WORKERS UNION (HMS),
KUPPAYAKODE P. O.,KODENCHERRY,
KOZHIKODE DIST., PIN - 673580
42 THE LABOUR COURT
KOZHIKODE., PIN - 673020
43 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
LABOUR AND SKILLS DEPARTMENT,
THIRUVANANTHAPURAM, PIN - 695001
44 THE DISTRICT LABOUR OFFICER
KOZHIKODE,
PIN - 673020
45 THE LABOUR COMMISSIONER
THIRUVANANTHAPURAM, PIN - 695033
* ADDL.46 THE DEPUTY TAHSILDAR
KOZHIKODE TALUK, KOZHIKODE.
(ADDITIONAL 46TH RESPONDENT IS IMPLEADED AS PER
ORDER DATED 06.11.2024 IN IA.2/2024)
BY
SRI.JOHN K. GEORGE-R1 TO R4
SMT.ANIMA M,GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 11.07.2024, ALONG WITH WP(C).7091/2024, THE
COURT ON 06.11.2024 DELIVERED THE FOLLOWING:
2024:KER:82227
W.P.(C) No.12226/2023&7091/24/2024
:7:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 6TH DAY OF NOVEMBER 2024/15TH KARTHIKA, 1946
WP(C) NO. 7091 OF 2024
PETITIONERS:
1 THE MALABAR CRUMB RUBBER FACTORY WORKERS UNION
(HMS) ,
KUPPAYAKODE P.O, KODENCHERRY, KOZHIKODE
DISTRICT, PIN 673580 REPRESENTED BY ITS
SECRETARY. N.M.GOPALAN, S/O. NAGAN,
MUTTILEPARAMBIL HOUSE, KUPPAYATHODE P.O.,
KOZHIKODE, PIN - 673580
2 V.K.VELAYUDHAN,
AGED 60 YEARS
S/O.KORAN, VELLIKKETTUKUNNUMMEL HOUSE, 25TH
MILE, PUTHUPPADY P.O., KOZHIKODE DISTRICT.,
PIN - 673586
BY ADV JOHN K.GEORGE
RESPONDENTS:
1 THE KOZHIKODE DISTRICT CO-OPERATIVE RUBBER
MARKETING SOCIETY LIMITED,
CHEROOTTY ROAD, KOZHIKODE DISTRICT,
REPRESENTED BY ITS MANAGING DIRECTOR IN CHARGE,
SRI. BENNY THOMAS, PIN - 673001
2024:KER:82227
W.P.(C) No.12226/2023&7091/24/2024
:8:
2 THE MALABAR CRUMB RUBBER FACTORY,
UNIT OF KOZHIKODE DISTRICT CO-OPERATIVE RUBBER
MARKETING SOCIETY LIMITED, CHEROOTTY ROAD,
KOZHIKODE DISTRICT,
REPRESENTED BY ITS FACTORY MANAGER IN-CHARGE,
SRI. BENNY THOMAS, PIN - 673001
3 THE DEPUTY COLLECTOR, (REVENUE RECOVERY)
CIVIL STATION, KOZHIKODE, PIN - 673020
BY ADVS.
SRI.ALEX ABRAHAM
SRI.C.C.ABRAHAM(K/000110/1989)
SRI.NIKHIL RAJ(K/002846/2022)
SRI.V.J.JAMES(K/000221/1975)
SMT.ANIMA M, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 11.07.2024, ALONG WITH WP(C).12226/2023, THE
COURT ON 06.11.2024 DELIVERED THE FOLLOWING:
2024:KER:82227
W.P.(C) No.12226/2023&7091/24/2024
:9:
N. NAGARESH, J.
`````````````````````````````````````````````````````````````
W.P.(C) Nos.12226 of 2023 and 7091 of 2024
`````````````````````````````````````````````````````````````
Dated this the 6th day of November, 2024
JUDGMENT
~~~~~~~~~
W.P.(C) No.12226/2023 has been filed by the
Kozhikode District Co-operative Rubber Marketing Society
Limited as the 1st petitioner and the Malabar Crumb Rubber
Factory as the 2nd petitioner. The petitioners seek to quash
Ext.P13 order passed in CP.38/2019 of the Labour Court,
Kozhikode. W.P.(C) No.7091/2024 is filed by the Malabar
Crumb Rubber Factory Workers Union (HMS) and another.
The petitioners in W.P.(C) No.7091/2024 seek to quash Ext.P4
tender notice and to speed up the revenue recovery steps
initiated as per Ext.P3 series.
2024:KER:82227
W.P.(C) No.12226/2023&7091/24/2024
2. The petitioners in W.P.(C) No.12226/2023 state that
the Malabar Crumb Rubber Factory was started in the year
1983. There were 40 regular workmen, 26 badali workers, 8
contract labourers and 5 security workers. Respondents 1 to
40 are members of Malabar Crumb Rubber Factory Workers
Union. Respondents 38 to 40 were not employees in the
factory in the year 2009.
3. Due to financial issues, the Management of the
Society declared lay off with effect from 20.08.1999. The
factory was locked out with effect from 27.09.1999. Trade
Unions raised industrial disputes and the matter was referred to
Labour Court for adjudication. The Labour Court passed
Ext.P1 Award dated 26.03.2005 in ID No.3/2001 holding that
the lock out was illegal and that the workers are entitled to full
wages.
4. The petitioners challenged Ext.P1 Award in
ID.3/2001, filing W.P.(C) No.32787/2005. While the writ
petition was pending, on the basis of discussions with the
2024:KER:82227
W.P.(C) No.12226/2023&7091/24/2024
Unions, the factory was re-opened in 2006. However, lock out
was declared again from 21.03.2009. While the issue of
enforcement of Ext.P1 Award and the issue of the second lock
out from 21.03.2009 were pending consideration, the
Management held discussions with the Unions and a
consensus was arrived at to stop the functioning of the factory
permanently and a comprehensive Ext.P2 settlement settling all
claims of the workmen was signed on 12.03.2012.
5. The petitioners state that the benefits payable to
every workmen were specifically mentioned in Ext.P2
settlement. Clause 10 of Ext.P2 settlement stipulated that the
settlement was a full and final settlement applicable to all
regular workmen, badali, casual and contract workers.
According to the petitioners, in view of Ext.P2 settlement,
Award in ID.3/2001 became unenforceable.
6. W.P.(C) No.32787/2005 was dismissed on
03.10.2013. The judgment was challenged in W.A.
No.1814/2013. The writ appeal was disposed of as per Ext.P4
2024:KER:82227
W.P.(C) No.12226/2023&7091/24/2024
judgment dated 18.07.2014. In the writ appeal, a Division
Bench of this Court held that since the writ petition challenged
only the validity of the Award, it is not for the Court to examine
the Settlement or to hold that the Award will stand superseded
by the Settlement. The petitioners state that in view of Ext.P2
Settlement, Ext.P1 Award has become unenforceable.
7. Respondents 1 to 40, however, filed CP.14/2013 in
the Labour Court claiming arrears of wages and other benefits
as per Ext.P1 Award. They withdrew the claim petition
doubting the jurisdiction of Labour Court and filed a suit for
recovery of arrears of wages in the Arbitration Court under the
Kerala Co-operative Societies Act, 1969. The Arbitration Court
dismissed the suit. Respondent 1 to 40 again filed Ext.P5 claim
petition CP No.38/2019 in the Labour Court. The petitioners
state that Ext.P5 claim petition is not maintainable. The
workmen can at the most file claim petition to get the benefits
under Ext.P2 settlement.
2024:KER:82227
W.P.(C) No.12226/2023&7091/24/2024
8. Though the management took efforts to sell
properties of the Society in order to clear the liabilities, the sale
could not be materialised. Earlier, one bidder offered to
purchase the property and paid an advance of ₹25,00,000/-.
That sale did not materialise.
9. In the meanwhile, Ext.P5 claim petition filed by the
petitioners for getting arrears of wages from 27.09.1999 to
17.02.2006 and accrued bonus as per Ext.P1 Award was
posted for hearing on 20.02.2020. The petitioners filed detailed
counter statement as per Ext.P9. CP. No.38/2019 was called
on 26.03.2021 and was posted for cross-examination of
witnesses to 03.04.2021. Evidence was taken on 03.04.2021.
The management sought adjournment for cross-examination.
The Labour Court declined the request and noted in the order
sheet as "No cross-examination". The petitioners were denied
opportunity to adduce evidence. An order allowing the CP was
passed on 13.04.2021 as per Ext.P13.
2024:KER:82227
W.P.(C) No.12226/2023&7091/24/2024
10. The petitioners filed IA No.126/2021 with a prayer to
set aside the ex-parte order. The IA was not pressed as
technically the order was not an ex-parte order. The petitioners
state that the Claim Petition is unsustainable since Ext.P2
Settlement was arrived at. The Unions and workmen cannot
file any claim based on Ext.P1 Award in view of Ext.P2
Settlement.
11. The Unions are still holding negotiations for
enforcing their claims. The workmen approached the District
Labour Officer for execution of Ext.P13 order. The petitioners
are taking earnest steps to dispose of some properties in order
to settle the dues of the workers. In the meanwhile, the
respondents are insisting for implementation of Ext.P13 order.
12. In W.P.(C) No.7091/2024, the petitioners who
represent workmen, stated that they have moved the Deputy
Collector (Revenue Recovery) to recover the amount due to
workmen as per the orders in the Claim Petition. The 3 rd
respondent has attached the office building of the 1 st
2024:KER:82227
W.P.(C) No.12226/2023&7091/24/2024
respondent. While so, the Society has published a tender
notice to sell the factory and its machinery. The attempt of
respondents 1 and 2 is to thwart the proceedings of the 3 rd
respondent for sale of the property. The petitioners therefore
seek to direct the 3rd respondent to speed up the revenue
recovery steps initiated as per Ext.P3 series.
13. I have heard the learned counsel for the petitioners
in both the writ petitions, the learned counsel appearing for
respondents 1 to 41 in W.P.(C) No.12226/2023 and the learned
counsel appearing for the 1st respondent in W.P.(C)
No.7091/2024. I have also heard the learned Government
Pleader representing the District Labour Officer and the Labour
Commissioner.
14. Facts are not seriously in dispute. Lay off was
declared in the Malabar Crumb Rubber Factory with effect from
20.08.1999. The factory was locked out with effect from
27.09.1999. The question whether lock out declared is legal
and justifiable was referred for adjudication to the Labour Court,
2024:KER:82227
W.P.(C) No.12226/2023&7091/24/2024
Kozhikode. The Labour Court, Kozhikode passed Ext.P1
Award dated 26.03.2005 holding that the lock out was illegal
and that the workers are entitled to full wages and benefits.
Though the petitioners in W.P.(C) No.12226/2023 challenged
Ext.P1 Award filing W.P.(C) No.32787/2005, the writ petition
was dismissed. The writ appeal filed by the petitioners was
also dismissed as per Ext.P4 judgment dated 18.07.2014.
15. While the writ petition was pending, the Management
held discussions with Unions for reopening the factory and the
mode of implementation of the Award. The factory was
reopened in 2006 and was again locked out from 21.03.2009.
16. While the issue of subsequent lock out on
21.03.2009 was pending conciliation, the Management and
Trade Unions arrived at Ext.P2 Settlement dated 12.03.2012.
While the petitioners were trying to implement the Settlement,
respondents 1 to 40 filed CP No.14/2013 before the Labour
Court, Kozhikode claiming arrears of wages and other benefits
arising out of Ext.P1 Award. The respondents withdrew the
2024:KER:82227
W.P.(C) No.12226/2023&7091/24/2024
claim petition and filed a suit before the Co-operative Arbitration
Court. The Arbitration Court dismissed the suit. Again,
respondents 1 to 40 filed claim petition CP No.38/2019. The
petitioners submit that without giving an effective opportunity to
defend the claim, the Labour Court, Kozhikode passed Ext.P13
order on 13.04.2021 directing the Management to pay
₹76,90,565/- as arrears of wages and ₹9,23,224/- as arrears of
bonus for the period from 1999 to 2006.
17. The legal grounds advanced by the petitioners in
W.P.(C) No.12226/2023 is that subsequent to Ext.P1 Award,
the Management and Trade Unions have entered into Ext.P2
Settlement covering the issues agitated in Ext.P1 Award. A
reading of Ext.P2 Settlement would prima facie indicate that the
Settlement has been made in respect of the lock out period
from 1999 to 2006 also. The Unions have agreed that the
workers will accept the benefits under Ext.P2 Settlement upon
which the employer-employee relation will stand extinct. After
arriving at Ext.P2 Settlement which covered the issue
2024:KER:82227
W.P.(C) No.12226/2023&7091/24/2024
adjudicated in Ext.P1 Award whether respondents 1 to 14 can
file CP No.38/2019 and obtain Ext.P13 order on the basis of
Ext.P1 Award is the question arising in this writ petition.
18. It may be noted that a Division Bench of this Court in
Ext.P4 judgment dated 18.07.2014 in W.A. No.1814/2013 has
clarified that if after the Award, the parties have arrived at a
Settlement as claimed by the petitioners, the parties will be
bound by the terms of the said Settlement. In view of the
Division Bench judgment of this Court, the Labour Court,
Kozhikode while considering CP No.38/2019 ought to have
considered Ext.P2 Settlement and the Division Bench judgment
of this Court.
19. The petitioners in W.P.(C) No.12226/2023 had
brought to the notice of the Labour Court the subsequent
Ext.P2 Settlement. The CP was called on 26.03.2021 and
posted to cross-examination of the witness to 03.04.2021.
Evidence in chief was admitted and documents were marked
on 03.04.2021. According to the petitioners in W.P.(C)
2024:KER:82227
W.P.(C) No.12226/2023&7091/24/2024
No.12226/2023, though their counsel prayed for an
adjournment for cross-examination of the witnesses, the Labour
Court declined the request and noted in the order sheet as "No
cross-examination". Ext.P12 order sheet would probabilise the
contentions of the petitioners.
20. At any rate, when the Management had filed written
statement and brought to the notice of the Labour Court,
existence of a subsequent Settlement, the Labour Court was
not justified in proceeding to compute the amounts payable to
the workmen pursuant to Ext.P1 Award and order payment of
huge amounts towards arrears of wages and arrears of bonus
as has been done in Ext.P13 order.
21. It is evident from the pleadings that even after
Ext.P13 order, respondents 1 to 41 are engaged in discussions
for resolving the problems realising the financial condition of the
Management and continue attempts for a mutually acceptable
Settlement through their Union. In the circumstances of the
case, I am of the view that Ext.P13 order is unsustainable and
2024:KER:82227
W.P.(C) No.12226/2023&7091/24/2024
the claim is liable to be reconsidered, giving an effective
opportunity to the petitioners in W.P.(C) No.12226/2023 to
defend the claim.
22. In view of the afore conclusions, W.P.(C)
No.7091/2024 filed by the workmen, which seeks to speed up
revenue recovery steps pursuant to Ext.P13 is liable to be
dismissed. As the Management is trying to sell its properties in
order to wipe off the liabilities including the liabilities to the
workmen, such sale also cannot be interfered with.
W.P.(C) No.12226/2023 is therefore disposed of
setting aside Ext.P13 order dated 13.04.2021 in CP
No.38/2019 and directing the Labour Court to reconsider the
claim, giving an opportunity to adduce evidence to the
petitioners. W.P.(C) No.7091/2024 is dismissed.
Sd/-
N. NAGARESH, JUDGE
aks/02.11.2024
2024:KER:82227
W.P.(C) No.12226/2023&7091/24/2024
APPENDIX OF WP(C) 12226/2023
PETITIONERS' EXHIBITS
Exhibit P1 TRUE COPY OF THE AWARD IN I.D. NO.
3/2001 DATED 26-03-2005 PASSED BY THE
LEARNED LABOUR COURT, KOZHIKODE.
Exhibit P2 TRUE COPY OF THE MEMORANDUM OF
SETTLEMENT DATED 12-3-2012
Exhibit P3 TRUE COPY OF THE LETTER NO. IR (2)
1240/2012 DATED 12.04.2012 OF THE DIST.
LABOUR OFFICER KOZHIKODED.
Exhibit P4 TRUE COPY OF THE JUDGMENT DATED 18-07-
2014 IN WRIT APPEAL NO. 1814/2013 OF
THIS HON'BLE COURT.
Exhibit P5 TRUE COPY OF THE CLAIM PETITION C.P.
NO. 38/2019 DATED 28-10-2019 OF THE
LABOUR COURT, KOZHIKKODE.
Exhibit P6 TRUE COPY OF THE JUDGMENT IN WRIT
APPEAL NO. 1015/2010 DATED 22-03-2012
OF THIS HON'BLE COURT.
Exhibit P7 TRUE COPY OF THE GOVT. ORDER NO. G.O
( MS) NO 650/2016 / CO-OP DATED 27-12-
2016 OF THE SPECIAL SECRETARY TO GOVT.
Exhibit P8 TRUE COPY OF THE ORDER NO. C.S. 5763/
2019/ KD IS DATED 07-01-2020 OF THE
JOINT REGISTRAR (GENERAL), KOZHIKODE
Exhibit P9 TRUE COPY OF THE TENDER NOTICE
PUBLISHED IN MALAYALA MANORAMA DAILY ON
15-02-2020.
Exhibit P10 A TRUE COPY OF THE TENDER NOTICE
PUBLISHED IN MATHRUBHOOMI DAILY ON 15-
02-2020.
2024:KER:82227
W.P.(C) No.12226/2023&7091/24/2024
Exhibit P11 TRUE COPY OF THE COUNTER STATEMENT
DATED 23-03-2021 FILED BY THE
MANAGEMENT SOCIETY.
Exhibit P12 TRUE COPY OF THE ORDER SHEET FROM 20-
ALONG WITH READABLE COPY
Exhibit P13 TRUE COPY OF THE ORDER DATED 13-04-2021
IN C.P.38/2019 OF THE LABOUR CO,
KOZHIKODE
Exhibit P14 TRUE COPY OF THE I.A. NO. 126/2021 IN
CP 38/2019 DATED 19-04-2021.
Exhibit P15 TRUE COPY OF THE MINUTES OF THE MEETING
CONDUCTED ON 19-08-2022
Exhibit P16 TRUE COPY OF THE APPLICATION DATED 24-
08-2022 FILED BY THE CLAIMANTS IN
CP.38/2019.
Exhibit P17 TRUE COPY OF THE SHOW CAUSE NOTICE NO.
G1. 2425/2022 DATED 26-08-2022 ISSUED
BY THE 44TH RESPONDENT.
Exhibit P18 A TRUE COPY OF THE NOTICE NO.LCO
11125/21 HR(1) DATED 08-10-2022
RECEIVED FROM THE LABOUR COMMISSIONER.
Exhibit P19 TRUE COPY OF THE MINUTES OF THE MEETING
AND DELIBERATIONS HELD ON 7-2-2023
Exhibit P20 TRUE COPY OF THE LETTER DATED 11-08-
2020 OF THE CHIEF MANGER, ICICI BANK
LTD.
Exhibit P21 TRUE COPY OF THE LETTER DATED 12-08-
2022 OF THE ICICI BANK ISSUED TO THE
MANAGING DIRECTOR
Exhibit P22 A TRUE COPY OF THE LETTER DATED 17-04-
2023 SENT TO THE 44TH RESPONDENT
2024:KER:82227
W.P.(C) No.12226/2023&7091/24/2024
Exhibit P23 A TRUE COPY OF NOTICE RRC NO
2023/11684/11 DATED 07-12-2023 ISSUED
BY THE DY. TAHSILDAR , KOZHIKODE
Exhibit P24 A TRUE COPY OF THE TENDER NOTICE
PUBLISHED IN MALAYALA MANORAMA ,DATED
2-12-2023
Exhibit P25 A TRUE COPY OF THE TENDER NOTICE
PUBLISHED IN MATHRUBHOOMI DAILY , DATED
02-12-2023
Exhibit P26 A TRUE COPY OF THE LETTER DATED 16-12-
2023 SENT TO THE DEPUTY TAHSILDAR,
KOZHIKODE.
2024:KER:82227
W.P.(C) No.12226/2023&7091/24/2024
APPENDIX OF WP(C) 7091/2024
PETITIONERS' EXHIBITS
Exhibit P1 TRUE COPY OF THE AWARD DATED 26/03/2005
IN ID 3/2001 OF LABOUR COURT, KOZHIKODE
Exhibit P2 A TRUE COPY OF THE AWARD DATED
27/03/2013 IN ID NO.18/2012 OF LABOUR
COURT, KOZHIKODE
Exhibit P3 TRUE COPY OF THE DEMAND NOTICE ISSUED
BY THE 3RD RESPONDENT DATED 11/1/2023
Exhibit P3(a) TRUE COPY OF THE DEMAND NOTICE ISSUED
BY THE 3RD RESPONDENT DATED 11/1/2023
Exhibit P3(b) TRUE COPY OF THE DEMAND NOTICE ISSUED
BY THE 3RD RESPONDENT DATED 11/1/2023
Exhibit P4 A TRUE COPY OF THE RELEVANT PAGE OF THE
NEWS PAPER MALAYALAMANORAMA DAILY DATED
02/12/2023
RESPONDENTS' EXHIBITS
Exhibit-R1(a) TRUE COPY OF THE MEMORANDUM OF
SETTLEMENT AGREEMENT DATED 12.03.2012
Exhibit-R1(b) TRUE COPY OF THE COVERING LETTER NO. IR
(2) 1240/2012 DATED 12.04.2012 OF THE
DISTRICT LABOUR OFFICER, KOZHIKODE
Exhibit-R1(c) TRUE COPY OF THE JUDGMENT DATED
18.07.2014 W.A.1814 OF 2013
Exhibit-R1(d) TRUE COPY OF THE G.O. (MS) NO.
650/2016/CO-OP DATED 27.12.2016 OF THE
SPECIAL SECRETARY TO THE GOVERNMENT
Exhibit-R1(e) TRUE COPY OF THE ORDER NO. CS.5763-
2019/KDIS DATED 07.01.2020
2024:KER:82227
W.P.(C) No.12226/2023&7091/24/2024
Exhibit-R1(f) TRUE COPY OF I.A. NO 1 OF 2024, I.A. NO
2 OF 2024 AND I.A. NO 3 OF 2024 IN WPC
12226 OF 2023
Exhibit-R1(g) TRUE COPY OF THE COUNTER AFFIDAVIT IN
I.A. NO. 1 OF 2023 IN WPC 12226 OF 2024
DATED 12.02.2024
