Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL THURSDAY, THE 6TH DAY OF JULY 2023 / 15TH ASHADHA, 1945 WP(C) NO. 27513 OF 2022 PETITIONER/S:
JOSE THOMAS AGED 66 YEARS S/O. OUSEPH THOMAS, PROPRIETOR, JOSE KAITHARAM BUILDWARES, ALINCHUVADU, THALAKODE P.O., KOTHAMANGALAM, ERNAKULAM DISTRICT, PIN-686693, RESIDING AT PAMPRAKKARAN HOUSE, RAYAMANGALAM, P. O. KURUPPUMPADY, ERNAKULAM DIST., PIN -683 545.
BY ADVS.
V.J.JAMES K.A.HAZAN M.M.FATHIMA JALEENA ARUN PAUL (KAPRASSERY) RAMESH KUMAR K.
K.P.WILSON RESPONDENT/S:
1 THE STATION HOUSE OFFICER OONNUKAL POLICE STATION, OONNUKAL P.O., ERNAKULAM DIST., PIN- 686 693.
2 THE DISTRICT POLICE CHIEF, ERNAKULAM RURAL, ALUVA, ERNAKULAM DIST., PIN- 683 101.
3 THE ASST. LABOUR OFFICER, KOTHMANAGALAM, ERNAKULAM DIST., PIN -686 691.
4 THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, HOME DEPARTMENT, SECRATARIAT, THIRUVANANTHAPURAM, PIN- 695 001.
5 THE SECRETARY, FOREST AND TIMBER GENERAL WORKERS UNION. [ INTUC], THALAKODE UNIT, THALAKODE, P.O. KOTHAMANGALAM, ERNAKULAM DIST., PIN- 686 693.
WP(C) NO. 27513 OF 2022 2 6 THE SECRETARY, FOREST AND TIMBER GENERAL WORKERS UNION, (CITU) THALAKODE UNIT, THALAKODE, P.O. KOTHAMANGALAM, ERNAKULAM DIST., PIN - 686 693.
7 THE SECRETARY, FOREST AND TIMBER GENERAL WORKERS UNION [STU], THALAKODE UNIT, THALAKODE P.O., KOTHAMANGALAM, ERNAKULAM DIST., PIN- 686 693.
8 THE SECRETARY, FOREST AND TIMBER GENERAL WORKERS UNION [AITUC], THALAKODE UNIT, THALAKODE P.O., ERNAKULAM DIST., PIN- 686 693.
9 ADDL.R9. THE CHAIRMAN KERALA HEAD LOAD WORKERS WELFARE BOARD SUB COMMITTEE, THANKALAM KOTHAMANGALAM, ERNAKULAM DIST. PIN-686691 (ADDL.R9 IMPLEADED AS PER ORDER DATED 26-08-2022 IN IA 1/2022) BY ADV SHRI.K.S.ARUN KUMAR, SC, KERALA HEADLOAD WORKERS WELFARE BOARD – KHWWB SRI.JUSTIN JACOB, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06.07.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 27513 OF 2022 3 JUDGMENT Counsel for the petitioner submitted that the relevant point of time when the writ petition was filed, there was cause of action by the union leaders interfering with the running of the petitioner's factory but now there is no threat. No further cause of action survives and writ petition may be ordered to be closed.
Ordered accordingly.
Sd/- sab AMIT RAWAL JUDGE
WP(C) NO. 27513 OF 2022 4 APPENDIX OF WP(C) 27513/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE RENEWED REGISTRATION CERTIFICATE NO. SH 070830020565 DATED 20- 07-2022.
Exhibit P2 TRUE COPY OF LICENCE FROM KAVALANGAD GRAMA PANCHAYATH NO. 273/2020-2023/K2/1287/22 DATED 02-07-22.
Exhibit P3 TRUE COPY OF THE GST REGISTRATION CERTIFICATE NO. 32AJTPP6115HIZI DATED 06- 05-2022.
Exhibit P4 TRUE COPY OF LETTER OF APPOINTMENT NO.JK/005 /2022 DATED 01-08-2022 ISSUED TO MAINUL HAQUE.
Exhibit P5 TRUE COPY OF LETTER OF APPOINTMENT NO.JK/005/2022 DATED 0108-2022 ISSUED TO HILAL AHMED.
Exhibit P6 TRUE COPY OF LETTER OF APPOINTMENT NO.JK/ 005/2022 DATED 01-08-2022 ISSUED TO MAHABUL ISLAM.
Exhibit P7 TRUE COPY OF LETTER OF APPOINTMENT NO.JK/005/ 2022 DATED 01-08-2022 ISSUED TO MUJAHIDUL ISLAM.
Exhibit P8 TRUE COPY OF APPLICATION FOR REGISTRATION OF MAINUL HAQUE DATED 30-07-2022.
Exhibit P9 TRUE COPY OF APPLICATION FOR REGISTRATION OF HILAL AHMED DATED 30-07-2022 .
Exhibit P10 TRUE COPY OF APPLICATION FOR REGISTRATION OF MAHABUL ISLAM DATED 30-07-2022.
Exhibit P11 TRUE COPY OF APPLICATION FOR REGISTRATION OF MUJAHIDUL ISLAM DATED 30-07-2022.
WP(C) NO. 27513 OF 2022 5 Exhibit P12 TRUE COPY OF COVERING LETTER TO ASST.
LABOUR OFFICER, KOTHAMANGALAM DATED 01-08- 2022.
Exhibit P13 TRUE COPY OF NOTICE ISSUED BY ASST. LABOUR OFFICER ,KOTHAMANGALAM, IN FORM X DATED 02- 08-2022.
Exhibit P14 TRUE COPY OF STATEMENT FILED BY THE PROPRIETOR DATED 16/08/2022.
Exhibit P15 TRUE COPY OF STATEMENT FILED BY THE APPLICANTS, HEADLOAD WORKERS DATED 16/08/2022.
Exhibit P16 TRUE COPY OF THE EMPLOYMENT- CUM WAGES REGISTER FOR THE WEEK ENDING ON 20-08-2022.
Exhibit P17 TRUE COPY OF THE WAGES SLIPS ISSUED TO MAINUL HAQUE FOR THE WEEK ENDED ON 20-08- 22.
Exhibit P18 TRUE COPY OF THE COMPLAINT LODGED BY THE PETITIONER BEFORE THE STATION HOUSE OFFICER, OONNUKAL, THE 1ST RESPONDENT, ALONG WITH THE RECEIPT DATED 23-08-2022 RECEIVED FROM THE OFFICE OF THE 1ST RESPONDENT.