Kerala High Court
Trichur Wholesale Co-Operative ... vs Narayanan Nambisan M.N on 5 November, 2014
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
TUESDAY, THE 17TH DAY OF OCTOBER 2017/25TH ASWINA, 1939
WP(C).No. 19047 of 2017 (E)
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PETITIONER(S):
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TRICHUR WHOLESALE CO-OPERATIVE CONSUMERS STORES
LTD.NO.R 239
REPRESENTED BY ITS MANAGING DIRECTOR (HONORARY),
M.O.ROAD, THRISSUR DISTRICT-680001.
BY ADVS.SRI.V.G.ARUN
SRI.T.R.HARIKUMAR
SRI.ARJUN RAGHAVAN
SRI.ADITHYA RAJEEV
RESPONDENT(S):
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1. NARAYANAN NAMBISAN M.N.
MUTTATH PUSHPAKAM, ANANDAPURAM P.O., NELLAYI (VIA),
THRISSUR DISTRICT, PIN-680305.
2. LATHA P.U., PANAMBILLIKATTIL VEEDU,
NERUVASSER, ARATTUPUZHA P.O.,
THRISSUR DISTRICT, PIN-680562.
3. YOHANNAN K.V.
KUZHIKANDATHIL VEEDU, KATTILAPOOVAM P.O.,
THRISSUR DISTRICT, PIN-680028.
4. THE CONTROLLING AUTHORITY UNDER THE PAYMENT OF GRATUITY
ACT,(DEPUTY LABOUR COMMISSIONER), CHEMBUKKAVU,
THRISSUR-680020.
5. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL)
THRISSUR-680001.
R1-R3 BY ADV. SRI.V.C.MADHAVANKUTTY
R5 BY SR. GOVERNMENT PLEADER SRI.K.P.HARISH
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 17-10-2017, ALONG WITH WPC. 20542/2017, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 19047 of 2017 (E)
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APPENDIX
PETITIONER(S)' EXHIBITS
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EXHIBIT P1 ATRUE COPY OF THE COMMUNICATION DATED 05-11-2014.
EXHIBIT P2 ATRUE COPY OF THE APPLICATION SUBMITTED BY THE 1ST
RESPONDENT BEFORE THE 4TH RESPONDENT DATED 04-10-2014.
EXHIBIT P3 ATRUE COPY OF THE APPLICATION SUBMITTED BY THE 2ND
RESPONDENT BEFORE THE 4TH RESPONDENT DATED 04-10-2014.
EXHIBIT P4 ATRUE COPY OF THE APPLICATION SUBMITTED BY THE 3RD
RESPONDENT BEFORE THE 4TH RESPONDENT DATED 04-10-2014.
EXHIBIT P5 ATRUE COPY OF THE PRELIMINARY OBJECTION FILED BY THE
PETITIONER TO THE APPLICATION FILED BY THE 1ST RESPONDENT
DATED 18-03-2015.
EXHIBIT P6 ATRUE COPY OF THE LETTER OF UNDERTAKING SUBMITTED BY THE
3RD RESPONDENT DATED 28-11-2013.
EXHIBIT P7 ATRUE COPY OF THE ORDER IN GC NO.28/2014 DATED 20-02-2017 OF
THE 4TH RESPONDENT.
EXHIBIT P8 ATRUE COPY OF THE ORDER IN GC NO.27/2014 DATED 20-02-2017 OF
THE 4TH RESPONDENT.
EXHIBIT P9 ATRUE COPY OF THE ORDER IN GC NO.29/2014 DATED 20-02-2017 OF
THE 4TH RESPONDENT.
EXHIBIT P10 A TRUE COPY OF THE SHOW CAUSE NOTICE DATED 09-05-2017,
BASED ON EXT-P7 ORDER.
EXHIBIT P11 A TRUE COPY OF THE SHOW CAUSE NOTICE DATED 09-05-2017,
BASED ON EXT-P8 ORDER.
EXHIBIT P12 A TRUE COPY OF THE SHOW CAUSE NOTICE DATED 09-05-2017,
BASED ON EXT-P9 ORDER.
EXHIBIT P13 A TRUE COPY OF THE NOTICE NO.CS5300/2016 DATED 15-03-2017
ISSUED BY THE 5TH RESPONDENT.
EXHIBIT P14 A TRUE COPY OF THE REPLY SUBMITTED BY THE PETITIONER DATED
18-03-2017.
RESPONDENT(S)' EXHIBITS: NIL
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//TRUE COPY//
dlk P.A. TO JUDGE
SHAJI P. CHALY, J.
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W.P.(C) Nos.19047& 20542 of 2017
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Dated this the 17th day of October, 2017
JUDGMENT
The captioned writ petitions are materially connected in respect of payment of gratuity in accordance with Exts.P7, P8 and P9 orders passed by the authority under the Payment of Gratuity Act, 1972. WP(C)No.19047/2017 is filed by the petitioner society challenging the aforesaid orders passed by the gratuity authority, while WP(C)No.20542/2017 is filed by respondents 1 to 3 in the said writ petition seeking to implement the aforesaid orders. Therefore, I heard them together and propose to pass a common judgment.
2. Since the parties in these writ petitions expressed hope of settlement, the matter was placed for mediation. Accordingly, a settlement is arrived at by and between the petitioner bank and respondents 2 and 3, evident from the settlement report dated 29.8.2017. The first respondent is not a signatory to the settlement. According to the petitioner society, there is a dispute pending by and between the the first respondent and the society, and thereupon, petitioner society has filed ARC 6089/2017 before W.P.(C) Nos.19047& 20542 of 2017 2 the Assistant Registrar, Thrissur, which is pending consideration. Therefore, the settlement agreement is not binding upon the first respondent. The first respondent will be at liberty to pursue necessary action in the aforesaid arbitration proceedings and proceed in accordance with law.
3. So far as respondents 2 and 3 are concerned, the settlement entered into by and between the petitioner society and respondents 2 and 3 are binding on them.
4. Therefore, these writ petitions are closed recording that, the subject issue by and between the petitioner society and respondents 2 and 3 are settled in mediation. The agreement will form part of this judgment. The issue with respect to the first respondent is left open as is specified above.
This writ petitions are closed without causing prejudice to the right of the petitioner society as well as the first respondent to pursue necessary remedies in accordance with Ext.P7 order passed by the authority under the Payment of Gratuity Act.
Sd/-
SHAJI P. CHALY, JUDGE dlk/19/10/