Georgekutty Charles v. Traco Cable Company Limited

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.V.RAMAKRISHNA PILLAI THURSDAY, THE 15TH DAY OF OCTOBER 2015/23RD ASWINA, 1937 WP(C).No. 17393 of 2006 (U) ---------------------------- PETITIONER(S):

GEORGEKUTTY CHARLES, SEMI-SKILLED WORKER, REGISTERED OFFICE, XXVIII/1242, KSHB OFFICE COMPLEX, PANAMPILLY NAGAR, KOCHI-682 036, RESIDING AT PANACKAL HOUSE, QUARTER NO.335-B, GOVERNMENT AYURVEDA COLLEGE, TRIPUNITHURA.

BY ADV. SRI.MURALI PURUSHOTHAMAN RESPONDENT(S):

1. TRACO CABLE COMPANY LIMITED, REPRESENTED BY ITS MANAGING DIRECTOR, REGISTERED OFFICE, XXVIII/1242, KSHB OFFICE COMPLEX, PANAMPILLY NAGAR, KOCHI-682 036.

2. THE MANAGING DIRECTOR, TRACO CABLE COMPANY LIMITED, REGISTERED OFFICE, XXVIII/1242, KSHB OFFICE COMPLEX, PANAMPILLY NAGAR, KOCHI-682 036.

3. THE MANAGER (P & A), THE TRACO CABLE COMPANY LIMITED, REGISTERED OFFICE, XXVIII/1242, KSHB OFFICE COMPLEX, PANAMPILLY NAGAR, KOCHI-682 036.

4. THE TRACO CABLE COMPANY EMPLOYEES UNION, REPRESENTED BY ITS SECRETARY, IRIMPANAM.

5. THE TRACO CABLE COMPANY WORKMEN'S UNION, REPRESENTED BY ITS SECRETARY, IRIMPANAM.

6. THE TRACO CABLE COMPANY STAFF & WORKERS ORGANISATION, REPRESENTED BY ITS SECRETARY, IRIMPANAM.

7. THE TRACO CABLE COMPANY EMPLOYEES ASSOCIATION, REPRESENTED BY ITS SECRETARY, IRIMPANAM.

R1 & 2 BY ADV. SRI.A.M.SHAFFIQUE (SR.) R4 BY ADV. SRI.K.BALACHANDRAN (MANGALATH) R4 BY ADV. SRI.RAJESH NAIR R4 BY ADV. SRI.BIJOY CHANDRAN R1 & 2 BY ADV. SRI.E.K.NANDAKUMAR R1 & 2 BY ADV. SRI.A.K.JAYASANKAR NAMBIAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15-10-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rvs.

WP(C).No. 17393 of 2006 (U) APPENDIX PETITIONER(S)' EXHIBITS :

EXT.P1 THE PHOTOCOPY OF ORDER NO.9/P&A/2354 DATED 06/05/2005 ISSUED TO THE PETITIONER.

EXT.P2 THE PHOTOCOPY OF THE NOTE NO.9/P&A/2404 DATED 09/05/2005 ISSUED BY THE 1ST RESPONDENT COMPANY.

EXT.P3 THE PHOTOCOPY OF THE MEMORANDUM OF SETTLEMENT DATED 15/03/2006 ENTERED INTO BETWEEN THE MANAGEMENT OF THE 1ST RESPONDENT COMPANY AND THE REPRESENTATIVES OF RESPONDENTS 4 TO 7. EXT.P4 THE PHOTOCOPY OF NOTICE NO.15/P&A/1599 DATED 05/04/2006 ISSUED BY THE 2ND RESPONDENT.

EXT.P5 THE PHOTOCOPY OF REPRESENTATION DATED 17/04/2006 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.

EXT.P6 THE PHOTOCOPY OF THE REPORT DATED 26/04/2006 SUBMITTED BY THE 3RD RESPONDENT BEFORE THE 2ND RESPONDENT.

EXT.P7 THE PHOTOCOPY OF ORDEDR NO.10/P&A/1943 DATED 10/05/2006 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER.

EXT.P8 THE PHOTOCOPY OF THE MINUTES OF THE JOINT MEETING HELD ON 23/06/2006 IN THE CHAMBER OF THE 2ND RESPONDENT. EXT.P9 THE PHOTOCOPY OF THE REPRESENTATION DATED 28/06/2006 SUBMITTED BY THE SECRETARY OF THE 7TH RESPONDENT ASSOCIATION BEFORE THE 2ND RESPONDENT.

EXT.P10 THE PHOTOCOPY OF THE MEMBERSHIP FORM DATED 09/05/2005 ISSUED TO THE PETITIONER BY THE SECRETARY OF THE 7TH RESPONDENT TRADE UNION. RESPONDENT(S)' EXHIBITS :

EXT.R1(A) TRUE COPY OF THE SETTLEMENT ENTERED INTO BETWEEN THE MANAGEMENT AND THE UNIONS ON 28/07/2009.

EXT.R1(B) TRUE COPY OF THE GOVERNMENT ORDER DATED 11/01/2010 ISSUED BY THE INDUSTRIES DEPARTMENT.

/TRUE COPY/ P.A.TO JUDGE RVS.

A.V.RAMAKRISHNA PILLAI, J --------------------------------------------- WPC No.17393 of 2006 --------------------------------------------- Dated this the 15th day of October, 2015

JUDGMENT

The petitioner submits that there is a bi-party settlement, which is produced as Ext.R1(a) by the respondents, on the basis of which the petitioner's claim would not stand. Therefore, the writ petition is closed without examining the merits.

sd/- A.V.RAMAKRISHNA PILLAI JUDGE css/ true copy P.S.TO JUDGE