The Managing Director Sealord Hotel v. Rosy Joseph

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN WEDNESDAY, THE 14TH DAY OF JANUARY 2015/24TH POUSHA, 1936 WP(C).No. 11582 of 2009 (P) ---------------------------- PETITIONER(S):

---------------------- THE MANAGING DIRECTOR, SEALORD HOTEL (P) LTD., SHANMUHAM ROAD, KOCHI-31.

BY ADVS.SRI.E.K.NANDAKUMAR SRI.K.JOHN MATHAI SRI.P.BENNY THOMAS SRI.ANIL D. NAIR RESPONDENT(S):

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

1. ROSY JOSEPH, W/O.K.G.JOSEPH, C/O.N.S.JOY, NADUVILAPARAMBIL VEEDU, CHERANELLOOR P.O.-682034

2. SUNITHA JOY,W/O.K.J.JOY, C/O.DANSO ROSSARIYO, RONI COTTAGE CHERANELLOOR P.O. 682034.

3. THE INDUSTRIAL TRIBUNAL, ALAPPUZHA.

ADDITIONAL RESPONDENT:

R4. THE DISTRICT LABOUR OFFICER, ERNAKULAM CIVIL STATION, KAKKANAD (IMPLEADED AS PER ORDER DATED 15.06.10 IN I.A NO.6437/2010) R,R1,2 BY ADV. SRI.A.V.XAVIER R,R1,2 BY ADV. SRI.K.JOLLY JOHN R BY GOVERNMENT PLEADER SRI. R. RANJITH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 11582 of 2009 (P) APPENDIX PETITIONERS EXHIBITS:

EXT.P1 COPY OF THE AWARD IN ID.NO.9/2004 DATED 25.11.08 PASSED BY THE 3RD RESPONDENT.

EXT.P2 COPY OF THE APPOINTMENT ORDER DATED 30.7.2000 OF THE FIRST RESPONDENT.

EXT.P3 COPY OF THE DECLARATION DATED 26.7.01 GIVEN BY THE FIRST RESPONDENT WHILE JOINING THE ESI SCHEME.

EXT.P4 COPY OF THE APPOINTMENT ORDER DATED 28.6.01 OF THE 2ND RESPONDENT.

EXT.P5 COPY OF THE DECLARATION DATED 30.7.01 GIVEN BY THE 2ND RESPONDENT WHILE LJOINING THE ESI SCHEME.

EXT.P6 COPY OF THE COMPLAINT DATED 27.8.02 SUBMITTED BY THE FIRST RESPONDENT.

EXT.P7 COPY OF THE COMPLAINT DATED 27.8.02 SUBMITTED BY THE 2ND RESPONDENT.

EXT.P8 COPY OF THE WRITTEN STATEMENT DATED 5.8.04 FILED BY THE PETITIONER IN ID NO. 9/04.

EXT.P9 COPY OF THE VOUCHER DATED 9.8.02 SIGNED BY THE 2ND RESPONDENT AND THE ACCOUNTANT OF THE PETITIONER. EXT.P10 COPY OF THE VOUCHER DATED 24.4.02 EVIDENCING RECEIPT OF SALARY ADVANCE BY THE FIRST RESPONDENT.

EXT.P11 COPY OF THE SHOW CAUSE NOTICES DATED 19.4.10 ISSUED BY THE DISTRICT LABOUR OFFICER TO THE PETITIONER. EXT.P12 COPIES OF REPLY DATED 13.5.10 SUBMITTED BY THE PETITIONER TO THE DISTRICT LABOUR OFFICER.

RESPONDENTS EXHIBITS:

EXT.R1(a) COPY OF THE CERTIFIED COPY OF THE DEPOSITION IN CROSS EXAMINATION OF MW-1 DATED 20.4.07 IN EXHIBIT P-1 AWARD OBTAINED FROM THE 3RD RESPONDENT.

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

SB

K. VINOD CHANDRAN, J.

===================== W.P.(C) No.11582 of 2009 - P ====================== Dated this the 14th day of January, 2015

J U D G M E N T

The matter has been settled between the parties on payment of compensation of Rs.35,000/- each to both the workers. Recording the satisfaction of the workers, the writ petition would stand closed.

Sd/- K. VINOD CHANDRAN, JUDGE SB // true copy // P.A to Judge.