Kerala High Court
R.Jaikrishnan Nair vs Board Of Directors Of The Alleppey on 17 September, 2012
Author: K.Vinod Chandran
Bench: K.Vinod Chandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:-
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
THURSDAY, THE 26TH DAY OF SEPTEMBER 2013/4TH ASWINA, 1935
W.P.(C).No.19973 of 2013 (V)
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PETITIONER:-
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R.JAIKRISHNAN NAIR, AGED 46 YEARS,
S/O. RAMACHANDRAN NAIR(LATE),
KRISHNA SREE, CHANDRAMANGALAM, EAST ARPOOKKARA,
KOTTAYAM.
BY ADVS.SRI.P.V.BABY
SRI.A.N.SANTHOSH.
RESPONDENTS:-
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1. BOARD OF DIRECTORS OF THE ALLEPPEY
CO-OPERATIVE SPINNING MILLS LTD.,
KAREELAKULANGARA P.O., KAYAMKULAM, ALAPPUZHA - 690 572,
REPRESENTED BY ITS CHAIRMAN.
2. HANDLOOMS AND TEXTILES DIRECTOR,
OFFICE OF THE HANDLOOM AND TEXTILES DIRECTORATE,
VIKAS BHAVAN,THIRUVANANTHAPURAM - 695 001.
3. ALLEPPEPY CO-OPERATIVE SPINNING MILLS EMPLOYEES UNION (CITU),
KAREELAKULANGARA P.O., ALAPPUZHA - 690 572,
REPRESENTED BY ITS SECRETARY, T.R.VIJAYAKUMAR.
4. ALLEPPEY CO-OPERATIVE SPINNING MILLS EMPLOYEES CONGRESS (INTUC),
KAREELAKULANGARA P.O., ALAPPUZHA - 690 572,
REPRESENTED BY ITS SECRETARY, R.BIJU.
5. J.AMBADI,
MACHINE OPERATOR
ALLEPPEY CO-OPERATIVE SPINNING MILLS LTD.,
KAREELANKULANGARA P.O., KAYAMKULAM, ALAPPUZHA - 690 572.
W.P.(C).NO.19973 OF 2013
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6. R.BIJU,
CLEANING OPERATOR,
ALLEPPEY CO-OPERATIVE SPINNING MILLS LTD.
KAREELAKULANGARA P.O., KAYAMKULAM, ALAPPUZHA - 690 572.
7. STATE OF KERALA,
REPRESENTED BY SECRETARY TOINDUSTRIES DEPARTMENT,
SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
R1 BY STANDING COUNSEL SMT.LATHA KRISHNAN.
R3, R4, R5 & R6 BY ADV. SRI.S.SHANAVAS KHAN.
R7 BY GOVERNMENT PLEADER SRI.NOUSHAD THOTTATHIL.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26-09-2013,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:-
W.P.(C).No. 19973 of 2013 (V)
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APPENDIX
PETITIONER'S EXHIBITS:-
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EXT.P1 : COPY OF THE JUDGMENT IN WP(C) NO.18786/2012 DTD.29.11.2012.
EXT.P2 : COPY OF THE WRITTEN COMPLAINT OF THE LADY SUPERVISOR
SUBMITTED TO THE GENERAL MANAGER OF THE MILL DTD.10.5.2013.
EXT.P3 : COPY OF THE SHOW CAUSE NOTICE DTD.13.5.2013 ISSUED TO THE
6TH RESPONDENT.
EXT.P4 : COPY OF THE ORDER OF SUSPENSION DTD.15.5.2013 ISSUED
TO THE 6TH RESPONDENT.
EXT.P5 : COPY OF THE REPRESENTATION DTD.20.5.2013 ISSUED
BY THE GENERAL MANAGER.
EXT.P6 : COPY OF THE ORDER WITHDRAWING THE SUSPENSION DTD.23.5.2013
ISSUED BY THE GENERAL MANAGER TO THE 6TH RESPONDENT.
EXT.P7 : COPY OF THE NEWS ITEM PUBLISHED IN THE MATHRUBHUMI DAILY
DTD.13.5.2013.
EXT.P8 : COPY OF THE NEWS ITEM PUBLISHED IN THE MALAYALA MANORAMA
DAILY DTD.29.5.2013.
EXT.P9 : COPY OF THE REPRESENTATION DTD.3.7.2013 ISSUED TO THE
ADDITIONAL CHIEF SECRETARYOF THE STATE.
EXT.P10: COPY OF THE PETITION LODGED BY THE LADIES SUPERVISOR TO THE
WOMEN'S COMMISSION TRIVANDRUM DTD.4.7.2013 ALONG WITH
ITS ACCEPTANCE RECEIPT DTD.8.7.2013.
EXT.P11: COPY OF THE LEAVE SANCTIONING ORDER AND DIRECTION ISSUED
TO THE 2ND RESPONDENT BY THE 7TH RESPONDENT DTD.3.8.2013.
EXT.P12: COPY OF THE REPRESENTATION DTD.8.8.2013 SUBMITTED BY THE
PETITIONER TO THE 7TH RESPONDENT.
W.P.(C).No. 19973 of 2013 (V)
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RESPONDENT'S EXHIBITS:-
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EXT.R3(a) - TRUE COPY OF THE ORDER DATED 17.09.2012 OF THE STATE
HUMAN RIGHTS COMMISSION.
EXT.R3(b) - TRUE COPY OF THE ORDER DATED 26.09.2012 IN HRMP.NO.2837/2012
OF THE STATE HUMAN RIGHTS COMMISSION.
EXT.R3(c) TRUE COPY OF THE COMPLAINT DATED 17.4.2012 PREFERRED BY
NAIB SUBEDAR SHAJI KUMAR.
EXT.R3(d) TRUE COPY OF THE COMPLAINT DATED 1.12.2012 PREFERRED BY
MRS.SMITHA RAJ.
EXT.R3(e) TRUE COPY OF THE COMPLAINT FILED BY 184 WORKERS OF THE
SPINNING MILL BEFORE THE CHIEF MINISTER.
EXT.R3(f) TRUE COPY OF THE JUDGMENT DATED 25.3.2011 IN W.P.(C).
NO.1359 OF 2009 OF THIS COURT.
EXT.R3(g) TRUE COPY OF THE SHOW CAUSE NOTICE DATED 3.11.1997 ISSUED
BY THE MANAGING DIRECTOR TO THE PETITIONER.
EXT.R3(h) TRUE COPY OF THE ORDER DATED 11.11.1997 OF THE MANAGING
DIRECTOR.
( TRUE COPY )
K. Vinod Chandran, J.
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W.P.(C).No.19973 of 2013-V
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Dated this the 26th day of September, 2013
JUDGMENT
The petitioner was granted leave between 01.08.2013 and 30.09.2013 and a decision was also taken to conduct a detailed enquiry by the Director of Handlooms and Textiles, who is the 2nd respondent herein. The only prayer in the writ petition was that the enquiry shall not be entrusted with the 2nd respondent or to any subordinate officer of the 2nd respondent.
2. Whether the said claim is sustainable or not does not survive for consideration, since it is submitted by both sides that the Joint Secretary for Industries Department has been entrusted with the enquiry. In the circumstances, the writ petition is closed, leaving open the rights available to either of the parties.
Sd/-
K.Vinod Chandran Judge.
vku/-
( true copy )