High Court of KeralaWP(C)/563/2009closed

V.A.Shaju v. State Of Kerala

2015-03-18Honourable Mr.Justice K.Vinod Chandran4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN WEDNESDAY, THE 18TH DAY OF MARCH 2015/27TH PHALGUNA, 1936 WP(C).No. 563 of 2009 (P) -------------------------- PETITIONER(S):

--------------------------

1. V.A.SHAJU, CONVENOR, SAMYUKTHA THOZHILALI UNION, LOADING AND UNLOADING WORKERS KERALA FEEDS, KALLETTUMKARA AND SECRETARY LOADING AND UNLOADING WORKERS UNION (AITUC) KERALA FEEDS LTD., KALLETTUMKARA.

2. N.V.BIJU, SECRETARY, LOADING AND UNLOADING WORKERS UNION, (CITU) KERALA FEEDS LTD., KALLETTUMKARA., CHALAKUDY.

3. C.L.GEORGE, SECRETARY, LOADING AND UNLOADING WORKERS UNION (INTUC), KERALA FEEDS LTD., KALLETTUMKARA CHALAKKUDY.

4. ANIL KUMAR.N.N., SECRETARY, LOADING AND UNLOADING WORKERS UNION, (BMS) KERALA FEEDS LTD., KALLETTUMKARA, CHALAKKUDY. BY ADV. SRI.A.N.RAJAN BABU RESPONDENT(S):

----------------------------

1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT OF KERALA THIRUVANANTHAPURAM.

2. LABOUR COMMISSIONER, KERALA HOUSING BOARD BUILDINGS, THIRUVANANTHAPURAM.

3. THE DISTRICT LABOUR OFFICER, THRISSUR.

4. THE ASSISTANT LABOUR OFFICER, IRINJALAKUDA, THRISSUR.

5. KERALA FEEDS LTD.

(GOVERNMENT OF KERALA UNDERTAKING), KALLETTUMKARA CHALAKUDY, THRISSUR DISTRICT - 680 683.

WP(C).No. 563 of 2009 (P) -2- BY ADV. SRI.E.K.NANDAKUMAR BY ADV. SRI.K.JOHN MATHAI BY ADV. SRI.P.BENNY THOMAS BY ADV. SRI.ANIL D. NAIR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

K.VINOD CHANDRAN, J - - - - - - - - - - - - - - - - - - - - W.P.(C).No. 563 of 2009 - - - - - - - - - - - - - - - - Dated 18th March, 2015 - - - - - - - - - - - - - - - - - - - - - - - -

JUDGMENT

The petitioners were before this Court alleging that the workers for loading and unloading affiliated to the various Unions, whose cause the petitioners represent, were employed under a contractor. The petitioners claimed direct employment by the 5th respondent.

2. The learned Standing Counsel appearing for the 5th respondent now submits that the issue is no longer alive for consideration, since subsequent to the filing of the writ petition, there is a settlement entered into by the Management with the representative Union of loading and unloading workers, whose cause the petitioners seek to agitate before this Court. It is also submitted that the work is carried on in accordance with the said settlement.

WP(C).563/09 In the above circumstances, the fact of the settlement is recorded and the writ petition is closed as infructuous.

Sd/- K.VINOD CHANDRAN Judge Mrcs //True Copy// P.S. To Judge