Jayaprasad K.N v. The District Labour Officer

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH TUESDAY, THE 20TH DAY OF OCTOBER 2015/28TH ASWINA, 1937 WP(C).No. 31964 of 2015 (U) ---------------------------- PETITIONER(S):

----------------- 1.

JAYAPRASAD K.N., AGED 28 YEARS S/O.NARAYANAN, KALLIDUMBIL HOUSE CHERUTHURUTHY P.O., THRISSUR - 679 531.

2.

NIKHIL.T.S., AGED 26 YEARS S/O.SURESH BABU, AMRIDHUM, AMALANAGAR, THRISSUR. 3.

VISHNUPRASAD.K.N., AGED 27 YEARS S/O.K.G.NARAYANAN, KUNDUVALAPPIL HOUSE MANNAMPETTA, VATANATHARA.P., THRISSUR.

4.

GOPINATH.V.G., AGED 51 YEARS S/O.GOPALAN, VADAKKOOT HOUSE, ARIMPUR, THRISSUR.

5.

BABY GOPINATH, AGED 41 YEARS W/O.GOPINATHAN.V.G.

VADAKKOOT HOUSE, ARIMPUR, THRISSUR.

6.

RANJANA SANTHOSH, AGED 38 YEARS W/O.SANTHOSH, VEZHAPPILLY HOUSE TAGORE LANE, KANIMANGALAM P.O., THRISSUR.

7.

LAL.U.A., AGED 42 YEARS UNNUNGAL HOUSE, BLANGAD P.O., CHAVAKKAD (VIA), THRISSUR DISTRICT.

8.

DENCY E.D., AGED 33 YEARS W/O.LAL V.A., UNNUNGAL HOUSE BLANGAD P.O., CHAVAKKAD, THRISSUR.

WP(C) No.31964/2015 : 2 :

9.

JHONY.P.V., AGED 44 YEARS PALAYOOR HOUSE, PAZHAMUKKU MUNDUR P.O., THRISSUR.

BY ADVS.SRI.RENJITH THAMPAN (SR.) SMT.P.R.REENA RESPONDENT(S):

------------------ 1.

THE DISTRICT LABOUR OFFICER THRISSUR PIN - 680 003.

2.

M/S.ASWINI HOSPITAL LIMITED KARUNAKARAN NAMBIAR ROAD, THRISSUR.

REPRESENTED BY ITS MANAGING DIRECTOR PIN - 680 001. 3.

PRIVATE HOSPITAL WORKERS SANGH (BMS) M/S.ASWINI HOSPITAL LIMITED KARUNAKARAN NAMBIAR ROAD, THRISSUR.

REPRESENTED BY ITS PRESIDENT PIN - 680 001.

4.

PRIVATE HOSPITAL WORKERS UNION (CITU) M/S.ASWINI HOSPITAL LIMITED KARUNAKARAN NAMBIAR ROAD, THRISSUR.

REPRESENTED BY ITS PRESIDENT PIN - 680 001.

R BY GOVERNMENT PLEADER SMT.SANJEETHA.K.A.

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20-10-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

APPENDIX IN W.P.(C) No.31964 OF 2015 PETITIONER(S) EXHIBITS EXHIBIT P1 :

TRUE COPY OF THE IDENTITY CARD ISSUED TO FIRST PETITIONER BY THE THIRD RESPONDENT.

EXHIBIT P1(a) :

TRUE COPY OF THE IDENTITY CARD ISSUED TO SECOND PETITIONER BY THE THIRD RESPONDENT.

EXHIBIT P1(b) :

TRUE COPY OF THE IDENTITY CARD ISSUED TO THIRD PETITIONER BY THE THIRD RESPONDENT.

EXHIBIT P1(c) :

TRUE COPY OF THE IDENTITY CARD ISSUED TO FOURTH PETITIONER BY THE THIRD RESPONDENT.

EXHIBIT P1(d) :

TRUE COPY OF THE IDENTITY CARD ISSUED TO FIFTH PETITIONER BY THE THIRD RESPONDENT.

EXHIBIT P1(e) :

TRUE COPY OF THE IDENTITY CARD ISSUED TO SIXTH PETITIONER BY THE THIRD RESPONDENT.

EXHIBIT P1(f) :

TRUE COPY OF THE IDENTITY CARD ISSUED TO SEVENTH PETITIONER BY THE THIRD RESPONDENT.

EXHIBIT P1(g) :

TRUE COPY OF THE IDENTITY CARD ISSUED TO EIGHTH PETITIONER BY THE THIRD RESPONDENT.

EXHIBIT P2 :

TRUE COPY OF COMPLAINT FILED BY SIXTH PETITIONER BEFORE THE COMMISSIONER OF POLICE ON 3.9.2015. EXHIBIT P3 :

TRUE COPY OF COMPLAINT FILED BY PETITIONERS BEFORE THE FIRST RESPONDENT DATED 19.9.2015 EXHIBIT P4 :

TRUE COPY OF THE LETTER DATED 4.9.2015 FILED BY THE THRISSUR DISTRICT PRIVATE HOSPITAL AND PHARMACY WORKERS UNION AITUC.

RESPONDENT(S) EXHIBITS NIL.

//TRUE COPY// P.S. TO JUDGE.

V.CHITAMBARESH, J.

--------------------- W.P (C) No.31964 of 2015 --------------------- Dated this the 20th day of October, 2015

J U D G M E N T

The petitioners confine their relief to an early consideration of Ext.P3 complaint pending with the first respondent. The provisions of the Kerala Shops and Commercial Establishment Act are purportedly invoked.

2. I direct the first respondent to consider Ext.P3 complaint with notice to the petitioners as well as respondents 2 to 4. The needful shall be done within a period of two months from the date of receipt of a copy of this judgment.

The Writ Petition is disposed of.

Sd/- V.CHITAMBARESH, Judge.

nj/20.10.15