Kerala High Court
M/S. S Max India vs The District Collector Ernakulam on 6 March, 2025
Author: Murali Purushothaman
Bench: Murali Purushothaman
WP(C) No.22952/2024 1/5 Order Date : 06-03-2025
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
Thursday, the 6th day of March 2025 / 15th Phalguna, 1946
WP(C) NO. 22952 OF 2024
PETITIONER:
M/S. S MAX INDIA CONTRACTOR, INDANE BOTTLING PLANT, UDAYAMPEROOR,
ERNAKULAM DISTRICT, HAVING ITS OFFICE ADDRESS AT CC NO. 57/2131,
1ST FLOOR, KP VALLON ROAD, OPP. ST. JOSEPH CHURCH, KADAVANTHRA,
KOCHI, REPRESENTED BY ITS PROPRIETOR, SANU M.C, PIN - 682020
RESPONDENTS:
1. THE DISTRICT COLLECTOR, ERNAKULAM, OFFICE OF THE DISTRICT COLLECTOR
ERNAKULAM, CIVIL STATION, KAKKANAD, PIN - 682030
2. THE REGIONAL LABOUR COMMISSIONER (CENTRAL), KENDRIYA SHRAM SADAN,
OOLIMUGHAL, KAKANAD, COCHIN, PIN - 682030
3. INDIAN OIL CORPORATION LTD, KERALA STATE OFFICE, PANAMPALLY
NAGAR,ERNAKULAM, REPRESENTED BY ITS CHIEF GENERAL MANAGER, PIN -
682036
4. DEPUTY GENERAL MANAGER (PLANT), INDIAN OIL CORPORATION LTD, LPG
PLANT UDAYAMPEROOR ERNAKULAM DISTRICT, PIN - 682036
5. THE CHIEF PLANT MANAGER, INDANE BOTTLING PLANT, INDIAN OIL
CORPORATION LTD., UDAYAMPEROOR, ERNAKULAM DISTRICT, PIN - 682307
6. ADDL.R6. UDAYAMPEROOR IOC LPG BP CYLINDER AND GENERAL WORKERS
CONGRESS NADAKKAVU P.O., UDAYAMPEROOR [IOC - INTUC] 673 006,
REPRESENTED BY ITS SECRETARY MR.PRADEEP MP.
7. ADDL.R7. KERALA PETROLEUM GAS WORKERS UNION [CITU] 2ND FLOOR KCEU
OFFICE, SHENOY ROAD, PARAKKATTIL LANE KOCHI 682 017. REPRESENTED BY
ITS SECRETARY MR.NK GEORGE. [ADDL.R6 & ADDL.R7 ARE IMPLEADED AS PER
ORDER DATED16.08.2024 IN I.A.1/2024 IN WP(C)22952/2024]
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 all further proceedings including any issuance of any
direction by the 1st respondent pursuant to Exhibit P18 minutes, in the
matter of the so-called dispute, pending disposal of the writ petition, in
the interest of justice.
This petition again coming on for orders upon perusing the petition
and the affidavit filed in support of WP(C) and this court's order dated
14.02.2025 and upon hearing the arguments of M/S C.S.AJITH PRAKASH,
T.K.DEVARAJAN, BABU M., M.B.SOORI, ANCY THANKACHAN, NIDHIN RAJ
VETTIKKADAN, KRISHNENDU.D, VILASINI NAYAK & SRUTHY UNNIKRISHNAN, Advocates
for the petitioner, M/S NITHIN GEORGE & RITHU JOSE, Advocates for R3 to
R5, M/S.P.RAMAKRISHNAN, PREETHI RAMAKRISHNAN, PRATAP ABRAHAM VARGHESE,
MANOJKUMAR G. & ASHOK MENON, Advcates for ADDL.R6, M/S.S.KRISHNA
MOORTHY(ERNAKULAM), V.KRISHNAN KUTTY, BALAGOPALAN B & SREEDEVI
RADHAKRISHNAN, Advocates for ADDL.R7, the court passed the following:
WP(C) No.22952/2024 2/5 Order Date : 06-03-2025
MURALI PURUSHOTHAMAN, J.
---------------------------------------------
W.P. (C) No.22952 of 2024
-------------------------------------------------
Dated this the 06th day of March, 2025
ORDER
It is submitted by the learned Government
Pleader that the meeting evidenced by Ext.P18
was convened by the District Collector on
07.03.2024 as directed by the Government of
Kerala/the appropriate Government in terms of
the provisions under the Essential Commodities
Act, 1955, to ensure the smooth functioning of the
bottling plant and to ensure uninterrupted supply
of LPG to public. The learned Government Pleader
also referred to the statement filed by the District
Collector.
2. Let the proceedings before the District
Collector go on. However, the decision to be
WP(C) No.22952/2024 3/5 Order Date : 06-03-2025
taken by the District Collector shall be subject to
the result of the writ petition.
Post on 01.04.2025 along with W.P.(C)
No.7389 of 2025.
Sd/-
MURALI PURUSHOTHAMAN
JUDGE
SPR
WP(C) No.22952/2024 4/5 Order Date : 06-03-2025
APPENDIX OF WP(C) 22952/2024
Exhibit P1 A TRUE COPY OF THE WORK ORDER DATED 31.07.2021 ISSUED
BY THE CHIEF GENERAL MANAGER, LPG OF KERALA STATE
OFFICE
Exhibit P2 A TRUE COPY OF THE REVISED WORK ORDER DATED 26.08.2021
ISSUED TO THE PETITIONER BY THE GENERAL MANAGER (GPC -
OPS) OF IOCL
Exhibit P3 A TRUE COPY OF THE TRIPARTITE CONCILIATION SETTLEMENT
DATED 14.09.2021 SIGNED IN THE PRESENCE OF THE 2ND
RESPONDENT
Exhibit P4 A TRUE COPY OF THE CONTRACT DOCUMENT EXECUTED BETWEEN
THE IOCL CORPORATION AND THE PETITIONER DATED
01.09.2022
Exhibit P5 A TRUE COPY OF THE WORK ORDER ISSUED BY THE CHIEF
GENERAL MANAGER IOCL TO THE PETITIONER DATED 26.08.2022
Exhibit P6 A TRUE COPY OF THE WORK COMPLETION CERTIFICATE ISSUED
TO THE PETITIONER BY THE AUTHORIZED SIGNATORY OF THE
IOCL - LPG BOTTLING PLANT DATED 17.10.2022
Exhibit P7 A TRUE COPY OF THE MINUTES OF THE MEETING HELD ON
10.11.2021 BETWEEN THE PETITIONER AND TRADE UNION
REPRESENTATIVES OF THE IOCL CONTRACT WORKMEN
Exhibit P8 A TRUE COPY OF THE PARTICULARS REGARDING NUMBER OF
CYLINDERS HANDLED BY THE PETITIONER FOR WHICH INVOICE
IS RAISED FOR BILLING PURPOSE AND ITS COMPARISON WITH
IOC DATA PREPARED BY THE PETITIONER
Exhibit P9 A TRUE COPY OF THE WORK ORDER ISSUED BY THE DEPUTY
GENERAL MANAGER (PLANT) IOCL TO THE PETITIONER DATED
31.08.2023
Exhibit P10 A TRUE COPY OF ONE SUCH CONCILIATION NOTICE RECEIVED TO
THE PETITIONER FROM THE 2ND RESPONDENT OFFICE DATED
31.10.2023
Exhibit P11 A TRUE COPY OF THE SHOW CAUSE NOTICE ISSUED BY THE DGM
(PLANT) INDANE BOTTLING PLANT DATED 08.12.2023 ISSUED
TO THE PETITIONER
Exhibit P12 A TRUE COPY OF THE REPLY SUBMITTED BY THE PETITIONER
DATED 16.12.2023 TO THE DEPUTY GENERAL MANAGER ( PLANT)
Exhibit P13 A TRUE COPY OF THE MINUTES OF THE MEETING OF THE JOINT
DISCUSSIONS HELD BETWEEN IOCL, M/S S - MAX AND THEIR
WORKMEN DATED 05.12.2023
Exhibit P14 A TRUE COPY OF THE MINUTES OF THE JOINT DISCUSSIONS
HELD BETWEEN IOCL, M/S S - MAX AND THEIR WORKMEN DATED
12.12.2023
Exhibit P15 A TRUE COPY OF THE JUDGMENT IN WPC 41762/2023 DATED
19.01.2024
Exhibit P16 A TRUE COPY OF THE E - MAIL COMMUNICATION FROM THE
PETITIONER TO THE DEPUTY GENERAL MANAGER (PLANT) IOC
DATED 07.12.2023
Exhibit P17 A TRUE COPY OF THE TERMINATION NOTICE DATED 31.12.2023,
ISSUED BY THE 4TH RESPONDENT TO THE PETITIONER
Exhibit P18 A TRUE COPY OF THE MINUTES OF THE MEETING PRESIDED BY
THE 1ST RESPONDENT 11.03.2024
WP(C) No.22952/2024 5/5 Order Date : 06-03-2025
Exhibit P19 A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE
PETITIONER TO THE 1ST RESPONDENT WITHOUT ITS ANNEXURES
DATED 11.03.2024
Exhibit P 20 A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE
PETITIONER TO THE 1ST RESPONDENT AS WELL AS TO THE 2ND
RESPONDENT DATED 25.03.2024 WITHOUT ITS ANNEXURES
Exhibit P21 A true copy of the salary slip issued to one Pradeep M.
P. and one Rajesh V. K. , loading unloading worker, for
the month of August 2022
Exhibit P22 True copy of the salary slip issued to one Pradeep M.
P. and one Rajesh V. K. , headload worker,
Exhibit P23 A true copy of the proceedings of the Conciliation
Officer as per reference No 08/(106 and 107)/ IOCL
/2023/B1 dated 31.10.2023
Exhibit P24 A true copy of the e-mail communication dated
27-11-2023 to the petitioner company
Exhibit P25 A true copy of the minutes of the meeting of the
conciliation officer subsequent to that dated
05-12-2023
