Sansco Technologies Kerala Pvt. Ltd., ... vs Sri. Haridas. R
2024 Latest Caselaw 28118 Ker

Kerala High Court

Sansco Technologies Kerala Pvt. Ltd., ... vs Sri. Haridas. R on 24 September, 2024

Author: N.Nagaresh

Bench: N.Nagaresh

WP(C) No.26148/2024                     1/3                        Order Date : 24-09-2024

                      IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                      PRESENT
                        THE HONOURABLE MR.JUSTICE N.NAGARESH
            Tuesday, the 24th day of September 2024 / 2nd Aswina, 1946
                              WP(C) NO. 26148 OF 2024
   PETITIONER:

          SANSCO TECHNOLOGIES KERALA PVT. LTD., (FORMERLY OPPO ELECTRONICS
          KERALA PVT. LTD.) BANERJI ROAD, (67/6446), NEAR HIGH COURT OF
          KERALA, ERNAKULAM, REPRESENTED BY ITS AUTHORISED SIGNATORY
          MR.PRAVEEN. R , PIN - 682031

   RESPONDENTS:

      1. SRI. HARIDAS. R NEELAKANDAVILASAM HOUSE, THRIKKARIYOOR P.O,
         KOTHAMANGALAM, ERNAKULAM, PIN - 686692
      2. THE DISTRICT LABOUR OFFICER OFFICE OF THE DISTRICT LABOUR OFFICER,
         CIVIL STATION, ERNAKULAM, KAKKANADU, PIN - 682030
      3. THE DEPUTY LABOUR COMMISSIONER OFFICE OF THE DEPUTY LABOUR
         COMMISSIONER, CIVIL STATION, ERNAKULAM, KAKKANADU, PIN - 682030

        Writ petition (civil) praying inter alia that in the circumstances
   stated in the affidavit filed along with the WP(C) the High Court be
   pleased to stay the operation and implementation of ext p12 order of the
   3rd respondent dated 17.01.2024 and also the proceedings in sac no.6/2022
   pending disposal of the writ petition (civil).
        This petition coming on for orders upon perusing the petition and
   the affidavit filed in support of WP(C) and upon hearing the arguments of
   M/S. E.K.NANDAKUMAR (SR.), M.GOPIKRISHNAN NAMBIAR, K.JOHN MATHAI, JOSON
   MANAVALAN, KURYAN THOMAS, PAULOSE C. ABRAHAM, RAJA KANNAN, JAI MOHAN &
   SHILPI M.LAL, Advocates for the petitioner,        the court passed the
   following:
 WP(C) No.26148/2024                          2/3                            Order Date : 24-09-2024




                                     N.NAGARESH, J.
                           ------------------------------------------------
                                W.P.(C) No.26148 of 2024
                         -------------------------------------------------
                      Dated this the 24th day of September, 2024

                                           ORDER

Interim order is extended by one month.

Post on 23.10.2024.

Sd/-

N.NAGARESH JUDGE hmh WP(C) No.26148/2024 3/3 Order Date : 24-09-2024

APPENDIX OF WP(C) 26148/2024 Exhibit P1 TRUE COPY OF THE CHART SHOWING THE ALLOCATION OF OUTLETS AND SALES PROMOTERS DEPLOYED AT EACH OUTLET UNDER THE 1ST RESPONDENT Exhibit P2 TRUE COPY OF THE PRINT OUT OF LEAVE APPLICATION DATED 28.02.2020 SUBMITTED BY SALES PROMOTER NAMED AKHIL VIJAYAN (WITH RELEVANT RECOMMENDATION) Exhibit P3 TRUE COPY OF THE SHOW CAUSE NOTICE DATED 09.09.2020 ISSUED BY THE PETITIONER TO THE 1ST RESPONDENT Exhibit P4 TRUE COPY OF THE EXPLANATION DATED 12.09.2020 SUBMITTED BY THE 1ST RESPONDENT TO THE PETITIONER Exhibit P5 TRUE COPY OF THE APPLICATION DATED 28.01.2021 FILED BY THE 1ST RESPONDENT BEFORE THE 3RD RESPONDENT Exhibit P6 TRUE COPY OF THE STATEMENT DATED 18.03.2021 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT Exhibit P7 TRUE COPY OF THE ORDER PASSED BY THE 3RD RESPONDENT DATED 18.03.2022 IN SAC NO. 2 (A)/2021 Exhibit P8 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN W.P.(C).NO. 13192 OF 2022 DATED 14.07.2022 Exhibit P9 TRUE COPY OF THE ADDITIONAL COUNTER STATEMENT FILED BEFORE THE 2ND RESPONDENT DATED 02.12.2022 IN SAC NO. 2 (A)/2021 (WITHOUT ANNEXURES) Exhibit P10 TRUE COPY OF THE REPLY STATEMENT DATED NIL FILED BY THE 1ST RESPONDENT IN SAC NO. 2 (A)/2021 Exhibit P11 TRUE COPY OF THE PRINTOUTS (4PAGES) TAKEN FROM THE WAGE PROTECTION SYSTEM WEBSITE OF THE LABOUR COMMISSIONERATE SHOWING THAT THE 1ST RESPONDENT WAS EMPLOYED IN NANDILATH G-MART DURING THE PERIOD IN QUESTION Exhibit P12 TRUE COPY OF THE ORDER DATED 17.01.2024 PASSED BY THE 3RD RESPONDENT IN SAC NO.2(A)/21