Kerala High Court
The Malabar Crumb Rubber Factory ... vs The Kozhikode District Co-Operative ... on 11 April, 2025
Author: N. Nagaresh
Bench: N.Nagaresh
2025:KER:31092
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 11TH DAY OF APRIL 2025 / 21ST CHAITHRA, 1947
RP NO. 1283 OF 2024
AGAINST THE JUDGMENT IN WP(C) NO.7091 OF 2024 OF HIGH COURT
OF KERALA
REVIEW PETITIONERS/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
AGED 65 YEARS, 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
SRI.JOHN K.GEORGE
RESPONDENTS/RESPONDENTS
1 THE KOZHIKODE DISTRICT CO-OPERATIVE RUBBER MARKETING
SOCIETY LIMITED
CHEROOTTY ROAD, KOZHIKODE DISTRICT,
PIN- 673001
REPRESENTED BY ITS MANAGING DIRECTOR IN CHARGE,
SRI. BENNY THOMAS., PIN - 673001
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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,STANDING COUNSEL
SRI.SURYA BINOY, SR.GOVERNMENT PLEADER
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON
17.01.2025 ALONG WITH RP.1290/2024 AND THE COURT ON
11.04.2025 DELIVERED THE FOLLOWING:
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RP Nos.1283 & 1290 of 2024
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 11TH DAY OF APRIL 2025 / 21ST CHAITHRA, 1947
RP NO. 1290 OF 2024
AGAINST THE JUDGMENT IN WP(C) NO.12226 OF 2023 OF
HIGH COURT OF KERALA
REVIEW PETITIONERS/RESPONDENTS 1 TO 4 AND 6 TO 41:
1 T.J. PATHROSE
AGED 60 YEARS
THENMALAYIL HOUSE, THEYYAPARA P.O ,
KODENCHERY, KOZHIKODE DISTRICT,
PIN - 673580
2 K.M MARAKAR
AGED 65 YEARS
KAMBAKUDI HOUSE, KARIKULAM,
KAKKAD P.O., KOZHIKODE DISTRICT,
PIN - 673586
3 JOSE MATHEW
AGED 60 YEARS
MANGALATH HOUSE, KONNATH P.O.,
KODENCHERY, PIN - 673580
4 SMT. ANCY ANDREWS
AGED 63 YEARS
LEGAL HEIR OF LATE V.S ANDREW,
VELLAPPANATH HOUSE, KONNOTH P.O.,
KODENCHERY, PIN - 673580
5 K.S.PAUL,
AGED 61 YEARS
KOLANCHERY HOUSE, P.O KUPPAYAKODE,
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KODENCHERY, PIN - 673580
6 N.M.GOPALAN
AGED 65 YEARS
MUTTILPARAMBIL HOUSE, KUPPAYAKODE,
KODENCHERY,, PIN - 673580
7 K.T.JOSEPH
AGED 63 YEARS
KUDIYIRIKAL HOUSE, CHAMAL,
THAMARASERY, PIN - 673573
8 K.N. SUKUMARAN NAIR
AGED 61 YEARS
MAVILAT HOUSE, KUNHIKULAM,
PUTHUPADI, PIN - 673586
9 T.P. HASSAN
AGED 64 YEARS
THANKIYEKKALHOUSE,POOLODE,
PUTHUPADI, PIN - 673586
10 P.U. ULAHANNAN
AGED 69 YEARS
PARASEERIYIL HOUSE, KUPPAYAKODE,
KODENCHERY, PIN - 673580
11 P.P.JOSEPH
AGED 71 YEARS
PALAKKAMATTAM HOUSE, ENGAPUZHA,
PUTHUPADI, PIN - 673586
12 I.K.BALAN
AGED 63 YEARS
KALLUVETTUKUZHIPARAMBIL HOUSE,
THAMARASERY, PIN - 673573
13 O.J.MATHAI
AGED 61 YEARS
URUMBIL HOUSE, KUPPAYAKODE,
KODENCHERY, PIN - 673580
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14 P.M.THANKACHAN
AGED 59 YEARS
POTTAYIL HOUSE, KODENCHERY,
PIN - 673580
15 P.J.JOHN
AGED 63 YEARS
PUTHIYEDATH HOUSE,
KODENCHERY, PIN - 673580
16 K.J.VARKEY
AGED 65 YEARS
KOOTTUNKAL HOUSE, KUPPAYAKODE,
KODENCHERY, PIN - 673580
17 M.K.PREMANANDAN
AGED 61 YEARS
MADATHIL HOUSE, ENGAPUZHA,
PUTHUPADI, PIN - 673586
18 SIBI JOSEPH
AGED 49 YEARS
VENDANATH HOUSE, KOORACHUNDU,,
PIN - 673527
19 P.U VENU
AGED 61 YEARS
MUTTILPARAMBIL HOUSE, KUPPAYAKODE,
KODENCHERY, PIN - 673580
20 V.K.VELAYUDHAN
AGED 61 YEARS
VALLIKETTUKUNNUMMAL HOUSE,
25TH MILE, PUTHUPADI, PIN - 673586
21 V.A.HUSSAIN
AGED 65 YEARS
VALLIKETTUMMAL HOUSE, ENGAPUZHA,
PUTHUPADI, PIN - 673586
22 GEORGE JOSEPH
AGED 61 YEARS
PUDUSSERIYIL HOUSE, KUPPAYAKODE,
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KODENCHERY, PIN - 673580
23 M.J. JOSE
AGED 60 YEARS
MOLEKUNNEL HOUSE,
KONNATH P.O., KODENCHERY, PIN - 673580
24 K.M.PAULSOSE
AGED 57 YEARS
KODIYATH HOUSE, THEYYAPARA P.O ,
KODENCHERY, KOZHIKODE DISTRICT,
PIN - 673580
25 PAUL GEORGE
AGED 63 YEARS
PULPPARAYIL HOUSE, ENGAPUZHA,
PUTHUPADI, PIN - 673586
26 P.M TOMY
AGED 59 YEARS
PULIMALAYIL HOUSE, FACTORYPADI,
PUTHUPADI, PIN - 673586
27 V.V.BABY
AGED 59 YEARS
VEMBULLIL HOUSE, KUPPAYAKODE,
KODENCHERY, PIN - 673580
28 K.M.SURESH
AGED 56 YEARS
KOVILATHUMPADI HOUSE, KUPPAYAKODE,
KODENCHERY, PIN - 673580
29 M.K.BABU
AGED 62 YEARS
MALYYEKKAL HOUSE, KUPPAYAKODE,
KODENCHERY, PIN - 673580
30 O.L.SOOSA
AGED 54 YEARS
VAKKATHINAL HOUSE, ENGAPUZHA,
PUTHUPADI, PIN - 673586
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31 V.K.JANARDHANAN
AGED 51 YEARS
VELLATHARA HOUSE, KUPPAYAKODE,
KODENCHERY, PIN - 673580
32 N.J.BIJU
AGED 51 YEARS
NADUKKARA HOUSE, ENGAPUZHA,
PUTHUPADI, PIN - 673586
33 P.V.MADESH KUMAR
AGED 55 YEARS
KARTHIKA HOUSE, KUPPAYAKODE,
KODENCHERY, PIN - 673580
34 P.M.GEORGE
AGED 58 YEARS
PUTHIYEDATH HOUSE, ENGAPUZHA,
PUTHUPADI, PIN - 673586
35 MANOJ JOSEPH
AGED 49 YEARS
INDIKKUZHA HOUSE, KUPPAYAKODE,
KODENCHERY, PIN - 673580
36 M.P.VINU
AGED 46 YEARS
MANJUMMELKUDY HOUSE, ENGAPUZHA,
PUTHUPADI, PIN - 673586
37 GEORGE VARGHESE
AGED 60 YEARS
VETTUKALLEL HOUSE, ENGAPUZHA,
PUTHUPADI, PIN - 673586
38 A.J.JOHN
AGED 70 YEARS
AMIKKATTU HOUSE, ENGAPUZHA,
PUTHUPADI, PIN - 673586
39 C.HARIDAS
AGED 71 YEARS
C.U. BUILDING, PULLALOOR P.O,
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KARUVATTOOR, PIN - 673611
40 THE SECRETARY
MALABAR CRUMB RUBBER FACTORY WORKERS UNION
(HMS), KUPPAYAKODE P.O., KODENCHERY,
KOZHIKODE DISTRICT, PIN - 673580
BY ADV JOHN K.GEORGE
RESPONDENTS/PETITIONER AND RESPONDENTS 5, 42 TO 46:
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
3 P. BALAKRISHNAN
MAILAKKATTUKANDY HOUSE, P. O. UNNIKULAM.
PUNUR, PIN - 673574
4 THE LABOUR COURT
KOZHIKODE, PIN - 673020
5 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
LABOUR AND SKILLS DEPARTMENT,
THIRUVANANTHAPURAM, PIN - 695001
6 THE DISTRICT LABOUR OFFICER
KOZHIKODE, PIN - 673020
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7 THE LABOUR COMMISSIONER
THIRUVANANTHAPURAM, PIN - 695033
8 THE DEPUTY TAHSILDAR
KOZHIKODE TALUK,
KOZHIKODE, PIN - 673001
BY ADVS.
SMT.M.M.FATHIMA JALEENA
SMT.SURYA BINOY,SR.GOVERNMENT PLEADER
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON
17.01.2025 ALONG WITH RP.1283/2024 AND THE COURT ON
11.04.2025 DELIVERED THE FOLLOWING:
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N. NAGARESH, J.
`````````````````````````````````````````````````````````````
R.P. No.1283 of 2024 in W.P.(C) No.7091 of 2024
&
R.P. No.1290 of 2024 in W.P.(C) No.12226 of 2023
`````````````````````````````````````````````````````````````
Dated this the 11th day of April, 2025
ORDER
~~~~~~
Both these review petitions arise from the
common judgment dated 06.11.2024 in W.P.(C)
Nos.12226/2023 and 7091/2024. The writ petitioner in W.P.
(C) No.7091/2024 is the review petitioner in RP No.1283/2024
and respondents 1 to 4 and 6 to 41 in W.P.(C) No.12226/2023
are the review petitioners in RP No.1290/2024.
2. 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 sought to quash
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Ext.P13 order passed in CP No.38/2019 of the Labour Court.
W.P.(C) No.7091/2024 was filed by the Malabar Crumb
Rubber Factory Workers Union (HMS) and another who
sought to quash Ext.P4 tender notice and to speed up the
revenue recovery steps initiated as per Ext.P3 series.
3. The Labour Court, Kozhikode passed an
Award dated 26.03.2005 in ID No.3/2001 holding that the lock
out declared by the Malabar Crumb Rubber Factory was
illegal. The workers were held entitled to full wages.
4. Before this Court, the Management submitted
that during the pendency of the litigation, a settlement was
arrived at between the Management and the Unions and the
settlement stipulated that it was a full and final settlement
applicable to all regular workmen, Badly, Casual and Contract
workers.
5. This Court noted that a Division Bench of this
Court in WA No.1814/2013 has clarified that if after the Award
the parties have arrived at a settlement, the parties will be
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bound by the terms of the said settlement. After considering
the judgment in the writ appeal and other issues involved in
the writ petitions, this Court concluded that the Labour Court
was not justified in proceeding to compute the amounts
payable to the workmen pursuant to the Award when there
was a subsequent settlement. This Court therefore set aside
Ext.P13 order dated 13.04.2021 in CP No.38/2019 and
directed the Labour Court to reconsider the claim, giving
opportunity to adduce evidence to the petitioners. W.P.(C)
No.7091/2024 filed by the Union was dismissed.
6. The review petitioners contend that there are
errors apparent on the face of the records. The review
petitioners in RP No.1290/2024 contended that the so-called
settlement is a paper work between the Management and
namesake unions supporting the Management to defeat the
Award in ID No.3/2021. The so-called settlement has no
certification and it was so pleaded in the writ petition. The
Management owes about ₹30 Crores for discharging their
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liability to lenders, investors and various Government
Institutions. If sale of assets is conducted without reserving
the amount due to the workmen, the workers will not be paid
their dues.
7. In RP No.1283/2024, the Union contended
that this Court omitted to note that workers are out of
employment from 1999 and are fighting for their legal right and
therefore direction to reconsider CP No.39/2019 without any
condition is not justifiable.
8. I have heard the learned counsel for the
review petitioners, the Senior learned Government Pleader
representing the Deputy Collector (RR) and the learned
Standing Counsel representing the Management.
9. The writ petitions were dismissed / disposed
of setting aside the order of the Labour Court and directing the
Labour Court to reconsider the matter. The grounds urged by
the petitioners in both these review petitions are arguments on
the merits of the case. The review petitioners have not
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pointed out any legal error warranting review of the judgment.
10. When an order of the Labour Court is found
to be incorrect and the issue is remitted back for
reconsideration, the workmen cannot claim that before final
adjudication of the matter, they should be paid wages
especially when the establishment has stopped functioning
long back. The grounds urged by the review petitioners do not
give any reason for recalling or reviewing the common
judgment.
The review petitions are therefore dismissed.
Sd/-
N. NAGARESH, JUDGE
aks/09.04.2025
