High Court of KeralaWP(C)/6573/2011disposed of

P.M.Sajeevan v. Kalluchethu Vyavasaya Thozhilali

2015-01-21Honourable Mr.Justice K.Vinod Chandran4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN WEDNESDAY, THE 21ST DAY OF JANUARY 2015/1ST MAGHA, 1936 WP(C).No. 6573 of 2011 (V) --------------------------- AGAINST THE ORDER/JUDGMENT IN CP 42/2005 of LABOUR COURT, ERNAKULAM DATED 24.12.2007 PETITIONER(S):

-------------- P.M.SAJEEVAN YEARS, PULPARAKUDIYIL HOUSE, BOOTHATHANKETTU KOTHAMANGALAM.

BY ADV. SRI.P.P.JACOB RESPONDENT(S):

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

1. KALLUCHETHU VYAVASAYA THOZHILALI SAHAKARANA SANGHAM, KOTHAMANGALAM RANGE LTD.NO.E, 1043 KOTHAMANGALAM REPRESENTED BY ITS, SECRETARY PIN-686691.

2. THE KALLUCHETHU VYAVASAYA THOZHILALI SAHAKARANA SANGHAM, KOTHAMANGALAM RANGE LTD.NO.E, 1043 KOTHAMANGALAM REPRESENTED BY ITS, PRESIDENT PIN-686691.

3. THE DISTRICT LABOUR OFFICER, DISTRICT LABOUR OFFICE, CIVIL STATION, KAKKANAD ERNAKULAM, PIN-682030.

4. THE DISTRICT COLLECTOR, COLLECTORATE, CIVIL STATION, KAKKANAD, ERNAKULAM PIN-682030.

5. THE ASSISTANT EXCISE COMMISSIONER, EXCISE OFFICE, KACHERIPADY, ERNAKULAM PIN-682018.

6. STATE OF KERALA, REPRESENTED BY SECRETARY TO EXCISE DEPARTMENT, SECRETARIAT TRIVANDRUM-1.

R3-R6 BY GOVERNMENT PLEADER SRI.BIJU MEENATTOOR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21-01-2015, ALONG WITH WPC. 6635/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 6573 of 2011 (V) PETITIONER(S)' EXHIBITS ------------------------ EXT.P1 : TRUE PHOTOCOPY OF THE ORDER IN C.P 42/2005 DATED 24.12.2007 OF THE LABOUR COURT.

EXT.P2 : TRUE PHOTOCOPY OF THE LETTER ISSUED BY THE PETITIONER TO THE 4TH RESPONDENT DATED 30.07.2010.

EXT.P3 : TRUE PHOTOCOPY OF THE LETTER ISSUED BY OFFICE OF THE 4TH RESPONDENT TO THE PETITIONER DATED 06.08.2010. EXT.P4 : TRUE PHOTOCOPY OF THE LETTER ISSUED BY 3RD RESPONDENT TO THE PETITIONER DATED 08.02.2011.

RESPONDENT(S)' EXHIBITS NIL ------------------------ //TRUE COPY// P.A TO JUDGE vdv

K.VINOD CHANDRAN, J.

========================= W.P(C) No.6573 of 2011 ============================ Dated this the 21st day of January, 2015

JUDGMENT

The petitioner seeks expeditious proceedings for recovery of the amounts, which the petitioner is found to have been entitled, as per Ext.P1 order of the Labour Court, Ernakulam. The application before the Labour Court by the petitioner was under Section 33 C(2) of the Industrial Disputes Act, 1947. Admittedly, Ext.P1 has achieved finality. The petitioner contends that despite recovery proceedings having been initiated through the District Labour Officer, the 3rd respondent, nothing has been realised till date.

2. Government has filed a counter affidavit contending that the Society does not have any assets which can be proceeded against. The learned counsel for the petitioner however submits that if the managing committee members had executed a solvency certificate, then, that has to be

W.P(C) No.6573 of 2011 proceeded against. However, solvency, if at all executed, is for the purpose of realization of kist amounts and it cannot be related to the amounts due from the Sangham to the employees. Hence, if there are any assets of the Sangham, movable or immovable, the same shall be proceeded with. Writ petition stands disposed of. No costs.

Sd/- K.VINOD CHANDRAN, JUDGE vdv //True copy// P.A to Judge