Kerala High Court
K N Soman vs Dr. James Jacob on 8 November, 2024
Author: N.Nagaresh
Bench: N.Nagaresh
2024:KER:83591
Cont.Case(C) Nos.512 & 976/2024
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 8TH DAY OF NOVEMBER 2024 / 17TH KARTHIKA, 1946
CON.CASE(C) NO. 512 OF 2024
AGAINST THE JUDGMENT DATED 21.03.2023 IN WP(C)
NO.1822 OF 2020 OF HIGH COURT OF KERALA
PETITIONER:
LINOJ PAUL,
AGED 37 YEARS,
S/O. PAUL, PALANKARA,
MANJAPRA, ANAPARA P.O, PIN - 683581
BY ADVS.
ANU S NAIR
SAIGI JACOB PALATTY
RESPONDENT:
DR. JAMES JACOB
AGE AND FATHER'S NAME NOT KNOWN TO THE
PETITIONER MANAGING DIRECTOR,
PLANTATION CORPORATION OF KERALA LIMITED
REGISTERED OFFICE AT KOTTAYAM,
MUTTAMBALAM P.O., PIN - 686004
BY ADV.MANU GOVIND
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP
FOR ADMISSION ON 08.11.2024, ALONG WITH
Con.Case(C).976/2024, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
2024:KER:83591
Cont.Case(C) Nos.512 & 976/2024
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 8TH DAY OF NOVEMBER 2024 / 17TH KARTHIKA, 1946
CON.CASE(C) NO. 976 OF 2024
AGAINST THE JUDGMENT DATED 11.04.2023 IN WP(C)
NO.12152 OF 2020 OF HIGH COURT OF KERALA
PETITIONER:
KN SOMAN,
AGED 53 YEARS,
S/O. NARAYANAN, KUNNUMPURATH HOUSE,
KALLALA ESTATE, KALADY PLANTATION,
ERNAKULAM DISTRICT, PIN - 683581
BY ADV.ANU S NAIR
RESPONDENT:
DR. JAMES JACOB,
AGE AND FATHER'S NAME NOT KNOWN TO THE
PETITIONER MANAGING DIRECTOR,
PLANTATION CORPORATION OF KERALA LIMITED
REGISTERED OFFICE AT KOTTAYAM,
MUTTAMBALAM P.O, PIN - 686004
BY ADV.SRI.MANU GOVIND
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP
FOR ADMISSION ON 08.11.2024, ALONG WITH
Con.Case(C).512/2024, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
2024:KER:83591
Cont.Case(C) Nos.512 & 976/2024
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JUDGMENT
Dated this the 8th day of November, 2024
[Cont. Case(C) Nos. 512 and 976 of 2024]
W.P.(C) Nos.1822 and 12152 of 2020 were disposed
of setting aside the orders removing the petitioners from the
post of Tapping Supervisors. It was directed that the
petitioners shall be forthwith appointed as Tapping
Supervisors and will be entitled to all consequential benefits.
2. These Contempt of Court Cases are filed
alleging violation of the directions of this Court. The
proceedings dated 18.09.2024 produced by the counsel for
the respondent would indicate that pursuant to the orders of
this Court, the petitioners have been reinstated as Tapping
Supervisors and certain benefits are given to them as can be
2024:KER:83591
Cont.Case(C) Nos.512 & 976/2024
seen from the proceedings dated 18.09.2024 and
communication dated 06.11.204 addressed to the Standing
Counsel.
3. The petitioners would contend that when this
Court ordered consequential benefits, the respondents ought
to have paid all arrears of wages including salary for the
period during which the petitioners were illegally kept out of
service. The regulation of service during the reversion period
made mention in proceedings dated 18.09.2024 is also
unsustainable.
4. I find that pursuant to the directions, the
petitioners have been reinstated and certain monetary benefits
have been extended to the petitioners. If the petitioners are
not satisfied with the proceedings dated 18.09.2024 or the
petitioners have a grievance that all consequential benefits are
not extended, it is for the petitioners to take up the matter
appropriately.
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Cont.Case(C) Nos.512 & 976/2024
As of now, I find that there is substantial compliance
of the directions contained in the judgment. Therefore, the
Contempt of Court Cases are closed leaving open all other
contentions raised by the petitioners.
Sd/-
N. NAGARESH
JUDGE
SR
2024:KER:83591
Cont.Case(C) Nos.512 & 976/2024
APPENDIX OF CON.CASE(C) 512/2024
PETITIONER'S ANNEXURES:
Annexure I CERTIFIED COPY OF THE JUDGMENT IN WP(C)
NO. 1822/2020 DATED 21.03.2023.
Annexure II TRUE COPY OF THE REPRESENTATION DATED
26.05.2023.
Annexure R1(a) TRUE COPY OF THE ORDER NO. P AND
A/F/587 DATED 15.05.2023 PASSED BY THE
MANAGING DIRECTOR, PLANTATION
CORPORATION.
Annexure R1(b) TRUE COPY OF ORDER NO P AND A/F/1223-1
DATED 24.07.2024.
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Cont.Case(C) Nos.512 & 976/2024
APPENDIX OF CON.CASE(C) 976/2024
PETITIONER'S ANNEXURES:
Annexure I TRUE COPY OF THE JUDGMENT IN WP (C)
NO.1165/2020 DATED 21.03 .2023
Annexure II CERTIFIED COPY OF THE JUDGMENT IN
WP(C) NO.12152/2020 DATED 11.04.2023
RESPONDENT'S ANNEXURES:
Annexure R1(a) TRUE COPY OF THE ORDER NO. P AND
A/F/586 DATED 15/05/2023 OF THE
CORPORATION.
Annexure R1(b) TRUE COPY OF ORDER NO PANDA/F/1223-1
DATED 24.07.2024 OF THE CORPORATION.
