Kerala High Court
Export Seafood Dealers Association ... vs Bms Union Munambam Harbour on 18 October, 2024
Author: N.Nagaresh
Bench: N.Nagaresh
2024:KER:77828
W.P.(C) No.36023/2024
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 18TH DAY OF OCTOBER 2024 / 26TH ASWINA, 1946
WP(C) NO. 36023 OF 2024
PETITIONERS:
1 EXPORT SEAFOOD DEALERS ASSOCIATION (ESDA),
REPRESENTED BY ITS SECRETARY,
P.A. JOSEPH PALLIPORT P.O., MUNAMBAM,
ERNAKULAM, PIN - 683515
2 ALL KERALA FISH MERCHANTS AND COMMISSION
AGENTS ASSOCIATION (AKFMCA),
REPRESENTED BY ITS SECRETARY DENISH K.T.,
MUNAMBAM UNIT, MUNAMBAM,
ERNAKULAM, PIN - 683515
3 MUNAMBAM SEAFOOD TRADERS ASSOCIATION,
REPRESENTED BY ITS SECRETARY,
SHINE KUMAR P.S., PALLIPORT P.O.,
MUNAMBAM,
ERNAKULAM, PIN - 683515
BY ADVS.
C.ANIL KUMAR
A.K.PREETHA
DEVIKA MOHAN
RESPONDENTS:
1 BMS UNION MUNAMBAM HARBOUR,
REPRESENTED BY ITS SECRETARY,
N.C. HINESH, MUNAMBAM,
ERNAKULAM, PIN - 683515
2 CITU UNION MUNAMBAM HARBOUR,
REPRESENTED BY ITS SECRETARY,
C.N. SHYJU, MUNAMBAM,
ERNAKULAM, PIN - 683515
2024:KER:77828
W.P.(C) No.36023/2024
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3 CITU UNION MINI HARBOUR,
REPRESENTED BY ITS SECRETARY,
SANAL ALBERT, MUNAMBAM,
ERNAKULAM, PIN - 683515
4 INTUC UNION MINI HARBOUR,
REPRESENTED BY ITS SECRETARY,
M.S. ANVAR, MUNAMBAM,
ERNAKULAM, PIN - 683515
5 THE CHAIRMAN,
(DISTRICT COLLECTOR, ERNAKULAM),
MUNAMBAM HARBOUR MANAGEMENT SOCIETY,
MUNAMBAM HARBOUR, ERNAKULAM, CIVIL STATION,
KAKKANAD, ERNAKULAM, PIN - 682030
6 ASSISTANT LABOUR OFFICER,
II CIRCLE KOCHI, O/O. THE ALO, KALVATHY ROAD,
FORT KOCHI, KOCHI, PIN - 682001
7 DEPUTY LABOUR OFFICER, KOCHI,
O/O. THE DEPUTY LABOUR OFFICER,
KALVATHY ROAD, FORT KOCHI,
KOCHI, PIN - 682001
8 DISTRICT LABOUR OFFICER,
O/O. THE DLO, CIVIL STATION,
KAKKANAD, KOCHI, PIN - 682030
BY ADV.
SMT.MABLE C. KURIEN, SR.GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 18.10.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
2024:KER:77828
W.P.(C) No.36023/2024
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JUDGMENT
Dated this the 18th day of October, 2024 The counsel for the petitioners submits that the writ petition was filed when there was a dispute between the employers and the employees regarding wages. During the pendency of the writ petition, the parties have arrived at a bilateral settlement and therefore the writ petition need not be proceeded with.
In view of the above, the writ petition is disposed of recording the above submission and leaving open all the legal contentions.
Sd/-
N. NAGARESH JUDGE SR 2024:KER:77828 W.P.(C) No.36023/2024 :4: APPENDIX OF WP(C) 36023/2024 PETITIONERS' EXHIBITS:
Exhibit P1 A TRUE COPY OF LIST OF MEMBERS OF THE 1ST PETITIONER Exhibit P2 A TRUE COPY OF LIST OF MEMBERS OF THE 2ND PETITIONER Exhibit P3 A TRUE COPY OF LIST OF MEMBERS OF THE 3RD PETITIONER Exhibit P4 A LIST SHOWING THE NUMBER OF EMPLOYEES ENGAGED BY THE MEMBERS OF THE PETITIONERS Exhibit P5 A CHART SHOWING THE RATES IN MUNAMBAM HARBOUR FOR HANDLING EACH ITEM OF WORK/FISH FROM 2016-18 TO 2022-24 Exhibit P6 A COPY OF THE RATE SETTLEMENT OF FISH HANDLING AND LOADING WORK AT CHETTUVA HARBOUR WITH WAS SIGNED ON 27.09.2024 BETWEEN THE AUCTIONEERS AND THE FISH HANDLING AND LOADING WORKERS IN CHETTUVA HARBOUR Exhibit P7 A STATEMENT SHOWING THE PAYMENTS MADE BY 20 MEMBERS OF THE PETITIONERS ASSOCIATIONS TO THE RESPONDENTS 1 TO 4 AS THEIR LOADING AND FISH HANDLING CHARGES FOR AUGUST 2024 AND SEPTEMBER 2024 Exhibit P8 A TRUE COPY OF THE DEMAND NOTICE DATED
02.10.2024 ISSUED BY THE RESPONDENTS 1 TO 4 Exhibit P9 A TRUE COPY OF THE COMPLAINT/DISPUTE DATED 03.10.2024 RAISED BY THE PETITIONERS Exhibit P10 A TRUE COPY OF THE MINUTES OF THE CONCILIATION CONDUCTED BY THE 6TH 2024:KER:77828 W.P.(C) No.36023/2024 :5: RESPONDENT ON 07.10.2024 Exhibit P11 A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONERS TO THE DISTRICT COLLECTOR ON 14.10.2024, Exhibit P12 A TRUE COPY OF THE NOTIFICATION NO.
G.O.(P) NO. 16/2020/HOME DATED 25.03.2020.