Kerala High Court
Radhakrishnan.V.K vs Gopalan @ Balan on 14 March, 2025
Author: Murali Purushothaman
Bench: Murali Purushothaman
WP(C) No.26028/2023 1/3 Order Date : 14-03-2025
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
Friday, the 14th day of March 2025 / 23rd Phalguna, 1946
WP(C) NO. 26028 OF 2023
PETITIONER:
RADHAKRISHNAN.V.K, AGED 64 YEARS, PROPRIETOR, NOBLE STORE, KALLACHI,
VADAKARA, KOZHIKODE-673 506, RESIDING AT VADAKKE KOTTARATHIL HOUSE,
PURAMERI P.O, VADAKARA, KOZHIKODE DISTRICT, PIN - 673503
RESPONDENTS:
1. GOPALAN @ BALAN, S/O.KUNHIRAMA KURUP, VADAKKAYIL HOUSE, VALAYAM
(P.O), VADAKARA, KOZHIIODE, PIN - 673517
2. THE LABOUR COURT, KOZHIKODE, WAYANAD ROAD, CIVIL
STATION,ERANHIPPALAM, KOZHIKODE, PIN - 673020
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to stay Ext.P4 award to the extent of directing to pay 25% of the
back wages, passed by the Labour Court, Kozhikode in I.D.No.72/2022, till
the disposal of the Writ Petition(C).
This petition again coming on for orders upon perusing the petition
and the affidavit filed in support of WP(C) and this Court's order dated
15.01.2025 and upon hearing the arguments of M/S P.U.SHAILAJAN, NIDHEESH
T.P. & MIDHUN SUDARSANAN P., Advocates for the petitioner and of M/S TERRY
V. JAMES and ABRAHAM KOLLINAL, Advocates for R1, the court passed the
following:
WP(C) No.26028/2023 2/3 Order Date : 14-03-2025
MURALI PURUSHOTHAMAN, J.
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W.P.(C) No.26028 of 2023
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Dated this the 14th Day of March, 2025
O R D E R
Interim order is extended for a period of three months.
Post on 13.06.2025.
Sd/-
MURALI PURUSHOTHAMAN JUDGE SRJ WP(C) No.26028/2023 3/3 Order Date : 14-03-2025 APPENDIX OF WP(C) 26028/2023 Exhibit P1 TRUE COPY OF THE CLAIM STATEMENT FILED BY THE RESPONDENT NO.1 BEFORE THE LABOUR COURT, KOZHIKODE DATED 27.9.2022 Exhibit P2 TRUE COPY OF THE WRITTEN STATEMENT IN I.D.NO.72/2022 FILED BY THE PETITIONER/MANAGEMENT BEFORE THE LABOUR COURT, KOZHIKODE DATED 4.11.2022 Exhibit P3 TRUE COPY OF THE REJOINDER FILED BY THE RESPONDENT NO.1 BEFORE THE LABOUR COURT, KOZHIKODE IN I.D.NO.72/2022 DATED 9.11.2022 Exhibit P3 (a) TRUE COPY OF THE REJOINDER FILED BY THE RESPONDENT NO.1 BEFORE THE LABOUR COURT, KOZHIKODE IN I.D.NO.72/2022 DATED 21.11.2022 Exhibit P4 TRUE COPY OF THE AWARD PASSED BY THE LABOUR COURT, KOZHIKODE IN I.D.NO.72/2022 DATED 28.2.2023 Exhibit P5 TRUE COPY OF THE NOTICE DATED 27.4.2023 ISSUED BY THE RESPONDENT NO.1 TO THE PETITIONER DATED 27.4.2023 Exhibit P6 TRUE COPY OF THE REPLY NOTICE ISSUED BY THIS PETITIONER TO THE RESPONDENT NO.1 DATED 26.5.2023 Exhibit P7 TRUE COPY OF THE REPLY LETTER ISSUED BY THE RESPONDENT NO.1 TO THE PETITIONER DATED 5.6.2023 Exhibit P8 TRUE COPY OF THE COMPLAINT FILED BEFORE THE NADAPURAM POLICE STATION BY THE PETITIONER DATED 19.3.2020 Exhibit P9 TRUE COPY OF THE DISCHARGE SUMMARY OF THIS PETITIONER ISSUED FROM GOVERNMENT MEDICAL COLLEGE HOSPITAL, PARIYARAM DATED 20.3.2021 Exhibit P10 TRUE COPY OF THE LETTER DATED 3.1.2021 ISSUED BY THE ASSISTANT LABOUR OFFICER, VADAKARA TO THE DISTRICT LABOUR OFFICER, KOZHIKODE Exhibit P11 TRUE COPY OF THE LICENSE ISSUED BY THE NADAPURAM GRAMA PANCHAYAT IN THE NAME OF RAGHAVAN, THE PARTNER OF THE FIRM, FOR THE PERIOD 1993-94 DATED 23.3.1994 Exhibit P11(a) TRUE COPY OF THE LICENSE ISSUED BY THE NADAPURAM GRAMA PANCHAYAT IN THE NAME OF RAGHAVAN FOR THE PERIOD 2001-2002 DATED 1.2.2001 Exhibit P12 TRUE COPY OF THE REGISTRATION CERTIFICATE SIGNED AND ISSUED ON 16.9.2019 BY THE ASSISTANT LABOUR OFFICER, VADAKARA TO THIS PETITIONER