Kerala High Court
Prestige Educational Trust vs Binisha.C on 21 July, 2025
1
W.P.(C) Nos.40260 of 2017 and connected cases
2025:KER:54136
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON
MONDAY, THE 21ST DAY OF JULY 2025 / 30TH ASHADHA, 1947
WP(C) NO. 40260 OF 2017
PETITIONERS:
1 PRESTIGE EDUCATIONAL TRUST,
ANJARAKANDY, MAMBA P.O, KANNUR - 670611
REPRESENTED BY ITS TRUSTEE, NASEERA
2 M/S.KANNUR MEDICAL COLLEGE,
ANJARAKANDY, MAMBA P.O, KANNUR - 670 611
REPRESENTED BY ITS PRINCIPAL
DR.MUNEERUDDIN AHMED
BY ADVS.
SRI.P.RAMAKRISHNAN
SRI.C.ANIL KUMAR
SMT.ASHA K.SHENOY
SRI.T.C.KRISHNA
SMT.PREETHI RAMAKRISHNAN (P-212)
SRI.PRATAP ABRAHAM VARGHESE
RESPONDENTS:
1 SREEPRIYA K.V.,
D/O. RAGHAVAN NAMBIAR C., LEELA NIVAS,
EDAVELIKKAL, P.O MATTANNUR, KANNUR 670702
2 LABOUR COURT,
KANNUR, PIN - 670101
2
W.P.(C) Nos.40260 of 2017 and connected cases
2025:KER:54136
BY ADVS.
SRI.P.U.SHAILAJAN
SRI.T.JAYAN, GOVERNMENT PLEADER.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
21.07.2025, ALONG WITH WP(C).40237/2017, 40249/2017 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
3
W.P.(C) Nos.40260 of 2017 and connected cases
2025:KER:54136
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON
MONDAY, THE 21ST DAY OF JULY 2025 / 30TH ASHADHA, 1947
WP(C) NO. 40237 OF 2017
PETITIONERS:
1 PRESTIGE EDUCATIONAL TRUST,
ANJARAKANDY, MAMBA PO, KANNUR-670611,
REPRESENTED BY ITS TRUSTEE, NASEERA.
2 M/S. KANNUR MEDICAL COLLEGE,
ANJARAKANDY, MAMBA PO, KANNUR-670611,
REPRESENTED BY ITS PRINCIPAL,
DR.MUNEERUDDIN AHMED
BY ADVS.
SRI.P.RAMAKRISHNAN
SRI.C.ANIL KUMAR
SMT.ASHA K.SHENOY
SRI.T.C.KRISHNA
SMT.PREETHI RAMAKRISHNAN (P-212)
SRI.PRATAP ABRAHAM VARGHESE
RESPONDENTS:
1 SREEJALA A.K.,
D/O.SASEENDRAN, AMAR RADH,
PO CHOVVA, KANNUR-670006.
2 LABOUR COURT,
KANNUR PIN-670101.
4
W.P.(C) Nos.40260 of 2017 and connected cases
2025:KER:54136
BY ADVS.
SMT.K.DEENA DEVIS
SMT.D.N.NISHANI
SRI.M.SURESH KUMAR
SRI.P.U.SHAILAJAN
SRI.V.SREEJITH (K/1398/2000)
SMT.VIDYA KURIAKOSE
SRI.T.JAYAN, GOVERNMENT PLEADER.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
21.07.2025, ALONG WITH WP(C).40260/2017 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
5
W.P.(C) Nos.40260 of 2017 and connected cases
2025:KER:54136
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON
MONDAY, THE 21ST DAY OF JULY 2025 / 30TH ASHADHA, 1947
WP(C) NO. 40249 OF 2017
PETITIONERS:
1 PRESTIGE EDUCATIONAL TRUST,
ANJARAKANDY, MAMBA PO, KANNUR-670611,
REPRESENTED BY ITS TRUSTEE, NASEERA.
2 M/S.KANNUR MEDICAL COLLEGE
ANJARAKANDY, MAMBA PO, KANNUR-670611,
REPRESENTED BY ITS PRINCIPAL,
DR.MUNEERUDDIN AHMED.
BY ADVS.
SRI.P.RAMAKRISHNAN
SRI.C.ANIL KUMAR
SMT.ASHA K.SHENOY
SRI.T.C.KRISHNA
SMT.PREETHI RAMAKRISHNAN (P-212)
SRI.PRATAP ABRAHAM VARGHESE
RESPONDENTS:
1 SHYAMA K.P,
D/O.VIJAYAN, DEVAKI NIVAS,
MACHERI, P.O.MOWANCHERY, KANNUR-670613.
2 LABOUR COURT,
KANNUR, PIN-670101
6
W.P.(C) Nos.40260 of 2017 and connected cases
2025:KER:54136
BY ADVS.
SRI.P.U.SHAILAJAN
SRI.T.JAYAN, GOVERNMENT PLEADER.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
21.07.2025, ALONG WITH WP(C).40260/2017 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
7
W.P.(C) Nos.40260 of 2017 and connected cases
2025:KER:54136
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON
MONDAY, THE 21ST DAY OF JULY 2025 / 30TH ASHADHA, 1947
WP(C) NO. 40270 OF 2017
PETITIONERS:
1 PRESTIGE EDUCATIONAL TRUST,
ANJARAKANDY, MAMBA P.O., KANNUR-670611,
REPRESENTED BY ITS TRUSTEE, NASEERA
2 M/S.KANNUR MEDICAL COLLEGE,
ANJARAKANDY, MAMBA P.O., KANNUR-670611,
REPRESENTED BY ITS PRINCIPAL,
DR.MUNEERUDDIN AHMED
BY ADVS.
SRI.P.RAMAKRISHNAN
SRI.C.ANIL KUMAR
SMT.ASHA K.SHENOY
SMT.PREETHI RAMAKRISHNAN (P-212)
RESPONDENTS:
1 SHYMA T.,
D/O.RAGHAVAN K., PEEDIKAKANDY HOUSE,
P.O. KOOTHUPARAMBA, NARAVOOR, KANNUR-670643
2 LABOUR COURT
KANNUR, PIN-670101
8
W.P.(C) Nos.40260 of 2017 and connected cases
2025:KER:54136
BY ADVS.
SRI.P.U.SHAILAJAN
SRI.T.JAYAN, GOVERNMENT PLEADER.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
21.07.2025, ALONG WITH WP(C).40260/2017 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
9
W.P.(C) Nos.40260 of 2017 and connected cases
2025:KER:54136
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON
MONDAY, THE 21ST DAY OF JULY 2025 / 30TH ASHADHA, 1947
WP(C) NO. 40271 OF 2017
PETITIONERS:
1 PRESTIGE EDUCATIONAL TRUST
ANJARAKANDY, MAMBA P.O., KANNUR-670611,
REPRESENTED BY ITS TRUSTEE, NASEERA.
2 M/S.KANNUR MEDICAL COLLEGE
ANJARAKANDY, MAMBA P.O., KANNUR-670611,
REPRESENTED BY ITS PRINCIPAL,
DR.MUNEERUDDIN AHMED.
BY ADVS.
SRI.P.RAMAKRISHNAN
SRI.C.ANIL KUMAR
SMT.ASHA K.SHENOY
SMT.PREETHI RAMAKRISHNAN (P-212)
SRI.PRATAP ABRAHAM VARGHESE
RESPONDENTS:
1 SHIJINA V.,
D/O.C.P.NARAYANAN, KOONERYPARAMBATH HOUSE,
P.O.PINARAYI, VIA THALASSERY, KANNUR-670741.
2 LABOUR COURT
KANNUR, PIN-670101.
10
W.P.(C) Nos.40260 of 2017 and connected cases
2025:KER:54136
BY ADVS.
SRI.P.U.SHAILAJAN
SRI.T.JAYAN, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
21.07.2025, ALONG WITH WP(C).40260/2017 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
11
W.P.(C) Nos.40260 of 2017 and connected cases
2025:KER:54136
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON
MONDAY, THE 21ST DAY OF JULY 2025 / 30TH ASHADHA, 1947
WP(C) NO. 40445 OF 2017
PETITIONERS:
1 PRESTIGE EDUCATIONAL TRUST
ANJARAKANDY, MAMBA P.O, KANNUR - 670 611,
REPRESENTED BY ITS TRUSTEE, NASEERA.
2 M/S. KANNUR MEDICAL COLLEGE
ANJARAKANDY, MAMBA P.O, KANNUR - 670 611,
REPRESENTED BY ITS PRINCIPAL,
DR.MUNEERUDDIN AHMED.
BY ADVS.
SRI.P.RAMAKRISHNAN
SRI.C.ANIL KUMAR
SMT.ASHA K.SHENOY
SRI.T.C.KRISHNA
SMT.PREETHI RAMAKRISHNAN (P-212)
SRI.PRATAP ABRAHAM VARGHESE
RESPONDENTS:
1 SHYLAJA U.K.,
D/O. KANNAN U.K., U.K. HOUSE
P.O MUZHAPPALA, KATTILEMOOLA, KANNUR - 670 611.
2 LABOUR COURT
KANNUR, PIN - 670 101.
12
W.P.(C) Nos.40260 of 2017 and connected cases
2025:KER:54136
BY ADVS.
SRI.P.U.SHAILAJAN
SRI.T.JAYAN, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
21.07.2025, ALONG WITH WP(C).40260/2017 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
13
W.P.(C) Nos.40260 of 2017 and connected cases
2025:KER:54136
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON
MONDAY, THE 21ST DAY OF JULY 2025 / 30TH ASHADHA, 1947
WP(C) NO. 40447 OF 2017
PETITIONERS:
1 PRESTIGE EDUCATIONAL TRUST,
ANJARAKANDY, MAMBA P.O., KANNUR - 670 611,
REPRESENTED BY ITS TRUSTEE, NASSERA.
2 M/S. KANNUR MEDICAL COLLEGE,
ANJARAKANDY, MAMBA P.O., KANNUR - 670 611,
REPRESENTED BY ITS PRINCIPAL,
DR.MUNEERUDDIN AHMED.
BY ADVS.
SRI.P.RAMAKRISHNAN
SRI.C.ANIL KUMAR
SMT.ASHA K.SHENOY
SRI.T.C.KRISHNA
SMT.PREETHI RAMAKRISHNAN (P-212)
SRI.PRATAP ABRAHAM VARGHESE
RESPONDENTS:
1 AMRUTHA P.V.,
D/O. P.V.NANU, NARAYANEEYAM,
AMBILODE, KOOTHUPARAMBA, P.O.NIRMALAGIRI,
KANNUR - 670701.
2 LABOUR COURT,
KANNUR - 670101.
14
W.P.(C) Nos.40260 of 2017 and connected cases
2025:KER:54136
BY ADVS.
SRI.P.U.SHAILAJAN
SRI.T.JAYAN, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
21.07.2025, ALONG WITH WP(C).40260/2017 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
15
W.P.(C) Nos.40260 of 2017 and connected cases
2025:KER:54136
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON
MONDAY, THE 21ST DAY OF JULY 2025 / 30TH ASHADHA, 1947
WP(C) NO. 40448 OF 2017
PETITIONERS:
1 PRESTIGE EDUCATIONAL TRUST
ANJARAKANDY, MAMBA P.O., KANNUR - 670 611,
REPRESENTED BY ITS TRUSTEE, NASEERA.
2 M/S.KANNUR MEDICAL COLLEGE
ANJARAKANDY, MAMBA P.O., KANNUR - 670 611,
REPRESENTED BY ITS PRINCIPAL,
DR.MUNEERUDDIN AHMED.
BY ADVS.
SRI.P.RAMAKRISHNAN
SRI.C.ANIL KUMAR
SMT.ASHA K.SHENOY
SRI.T.C.KRISHNA
SMT.PREETHI RAMAKRISHNAN (P-212)
SRI.PRATAP ABRAHAM VARGHESE
RESPONDENTS:
1 SREEJULA KUMARI P.V.,
D/O. P.V. BALAN, JAYASREE NIVAS, SANKARANALLOOR,
VIA KOOTHUPARAMBA, KANNUR - 670 643.
2 LABOUR COURT
KANNUR, PIN - 670 101.
16
W.P.(C) Nos.40260 of 2017 and connected cases
2025:KER:54136
BY ADVS.
SMT.K.DEENA DEVIS
SMT.D.N.NISHANI
SRI.M.SURESH KUMAR
SRI.P.U.SHAILAJAN
SRI.V.SREEJITH (K/1398/2000)
SMT.VIDYA KURIAKOSE
SRI.T.JAYAN, GOVERNMENT PLEADER.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
21.07.2025, ALONG WITH WP(C).40260/2017 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
17
W.P.(C) Nos.40260 of 2017 and connected cases
2025:KER:54136
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON
MONDAY, THE 21ST DAY OF JULY 2025 / 30TH ASHADHA, 1947
WP(C) NO. 40512 OF 2017
PETITIONERS:
1 PRESTIGE EDUCATIONAL TRUST
ANJARAKANDY, MAMBA P.O., KANNUR - 670 611,
REPRESENTED BY ITS TRUSTEE, NASEERA.
2 M/S. KANNUR MEDICAL COLLEGE
ANJARAKANDY, MAMBA P.O., KANNUR - 670 611,
REPRESENTED BY ITS PRINCIPAL,
DR.MUNEERUDDIN AHMED.
BY ADVS.
SRI.P.RAMAKRISHNAN
SRI.C.ANIL KUMAR
SMT.ASHA K.SHENOY
SRI.T.C.KRISHNA
SMT.PREETHI RAMAKRISHNAN (P-212)
SRI.PRATAP ABRAHAM VARGHESE
RESPONDENTS:
1 BINISHA C.,
D/O. JANARDHANAN V., SAVINALAYAM,
MURRINJERY, P.O.ANJARAKANDY, KANNUR - 670 101.
2 LABOUR COURT
KANNUR, PIN - 670 101.
18
W.P.(C) Nos.40260 of 2017 and connected cases
2025:KER:54136
BY ADVS.
SRI.P.U.SHAILAJAN
SRI.T.JAYAN, GOVERNMENT PLEADER.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
21.07.2025, ALONG WITH WP(C).40260/2017 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
19
W.P.(C) Nos.40260 of 2017 and connected cases
2025:KER:54136
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON
MONDAY, THE 21ST DAY OF JULY 2025 / 30TH ASHADHA, 1947
WP(C) NO. 40636 OF 2017
PETITIONERS:
1 PRESTIGE EDUCATIONAL TRUST
ANJARAKANDY, MAMBA P.O., KANNUR - 670 611
REPRESENTED BY ITS TRUSTEE, NASEERA.
2 M/S.KANNUR MEDICAL COLLEGE
ANJARAKANDY, MAMBA P.O., KANNUR - 670 611
REPRESENTED BY ITS PRINCIPAL,
DR.MUNEERUDDIN AHMED.
BY ADVS.
SRI.P.RAMAKRISHNAN
SRI.C.ANIL KUMAR
SMT.ASHA K.SHENOY
SRI.T.C.KRISHNA
SMT.PREETHI RAMAKRISHNAN (P-212)
SRI.PRATAP ABRAHAM VARGHESE
RESPONDENTS:
1 RASITHA K.
D/O.P.C.BHASKARAN, KEECHI PURATH HOUSE,
P.O.KOYODE, KANNUR 670 621.
2 LABOUR COURT
KANNUR, PIN 670 101
20
W.P.(C) Nos.40260 of 2017 and connected cases
2025:KER:54136
BY ADVS.
SRI.P.U.SHAILAJAN
SRI.T.JAYAN, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
21.07.2025, ALONG WITH WP(C).40260/2017 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
21
W.P.(C) Nos.40260 of 2017 and connected cases
2025:KER:54136
JUDGMENT
[W.P.(C) Nos.40260 of 2017, 40237 of 2017,
40249 of 2017, 40270 of 2017, 40271 of 2017,
40445 of 2017, 40447 of 2017, 40448 of 2017,
40512 of 2017 & 40636 of 2017]
These writ petitions have been filed by the petitioners
pointing out that the 1st petitioner is a trust and the 2nd petitioner
is a medical college run by the 1st petitioner trust, seeking to
challenge Ext.P6 common order issued by the Labour Court under
the provisions of Section 33C(2) of the Industrial Disputes Act,
1947 (for short ‘the Act’).
2. For ease of reference, the facts and circumstances as
highlighted in W.P.(C) No.40448 of 2017 are referred to, as
under:-
The 1st respondent in this writ petition is stated to have been
employed in the cleaning section of the 1st petitioner trust as a
casual employee, and later she has been employed as cleaner and
attender in the petitioner trust. Ext.P1 claim statement was
presented by the 1st respondent under the provisions of Section
33C(2) of the Act, making reference to the minimum wages
payable with reference to various notifications issued under the
22W.P.(C) Nos.40260 of 2017 and connected cases
2025:KER:54136
provisions of the Minimum Wages Act, 1948, for various periods,
contending that the said respondent was employed as a nursing
aid/nursing assistant in the Kannur Medical College, Super
Speciality Hospital. It is not in dispute that the 2nd petitioner herein
presented Ext.P2 written statement wherein it denied the claim of
the 1st respondent herein that she was the employee of the Kannur
Medical College and the Super Speciality Hospital. The case of the
1st respondent with respect to her joining the service is also
disputed, apart from disputing the coverage of the establishment
under the provisions of the Minimum Wages Act, 1948. However,
the Labour Court, considering the rival submissions, formulated as
many as four issues for consideration as under;
“1. Whether there exists a Hospital under the name and
style ‘Kannur Medical College Super Speciality
Hospital’?
2. Whether R1 establishment is an ‘industry’ as defined
under the Act?
3. Whether the petitioners are working as Nursing
Assistant/Nursing Aid in the R1 establishment as
alleged?
4. Whether the petitioners are entitled to get arrears of
minimum wages as alleged? If so, what is the
quantum?”
23
W.P.(C) Nos.40260 of 2017 and connected cases
2025:KER:54136
3. The Labour Court thereupon proceeded to adjudicate
the rival contentions and by impugned order at Ext.P6 issued a
common order directing the petitioners herein to make payment
of arrears of wages for the period from June, 2009 to April 2014,
along with interest to the claimants before it. It is seeking to
challenge the common order at Ext.P6 that the respective writ
petitions have been presented by the petitioners as above.
4. I have heard Sri.Pratap Abraham Varghese, the learned
counsel for the petitioners and Sri.P.U.Shailajan, the learned
counsel for the respondents.
5. The short issue that arises for consideration in these
writ petitions is as to whether the Labour Court was justified in
invoking the provisions of Section 33C(2) with respect to the claim
petitions filed by the 1st respondents in these writ petitions.
6. It is a contention of Sri.Shailajan, that the Labour Court
was justified in having invoked the afore provisions with reference
to the principles laid down by the Apex Court in The Central Bank
of India Ltd. v. P.S.Rajagopalan etc. [AIR 1964 SC 743], by
this Court in G4S Security Services (India) Pvt. Ltd. V.
Satheeshkumar K. and Others [2010 (1) KHC 342], and in
24
W.P.(C) Nos.40260 of 2017 and connected cases
2025:KER:54136
Deepak Photos v. State of Kerala [2000 (3) KLT 511].
7. This Court notices that as regards the judgment of the
Apex Court in P.S.Rajagopalan (supra), the Apex Court had been
considering the claim made by the respondent therein on the basis
of the “Sastry Award” (see paragraph No.2 of the afore judgment).
It is on the basis of the afore that the Apex Court interpreted the
provisions of Section 33C(2), as is laid down therein.
8. The provisions of Section 33C(2), as it was interpreted
in the judgment of the Apex Court in P.S.Rajagopalan (supra),
were again considered by the Apex Court in Municipal
Corporation of Delhi v. Ganesh Razak and Another [(1995)
1 SCC 235]. Noticing the judgment of the Apex Court in
P.S.Rajagopalan (supra), the Apex Court categorically found
that an adjudication has to be carried out with respect to the
claims made by an employee, and it is on the basis of an award
issued by the Court or on the basis of a settlement, the provisions
of Section 33C(2) can be invoked by an employee. Thereafter, the
Division Bench of this Court in KMJ Public School v. Ance [2020
(5) KLT 609] had occasion to consider the provisions of Section
33C(2) and its application in a situation where the provisions of
25
W.P.(C) Nos.40260 of 2017 and connected cases
2025:KER:54136
the Minimum Wages Act, 1948, were sought to be applied by the
employee. The Division Bench of this Court, noticing the law on
the point, as explained by the Apex Court in Ganesh Razak
(supra) also, has laid down the position that the jurisdiction under
Section 33C(2) is essentially that of an execution court, which
would not be in a position to adjudicate on the question as to
whether the employee was regularly employed or as to whether
they were only a casual employee. Similarly, the Apex Court, with
reference to the claim for back wage in State of U.P. and
Another v. Brijpal Singh [(2005) 8 SCC 58] and D. Krishnan
and Another v. Special Officer, Vellore Co-operative Sugar
Mill and Another [(2008) 7 SCC 22], had considered almost
similar situations wherein the claim made under the provisions
of Section 33C(2) was held to be not maintainable, insofar as
the Labour Court had no jurisdiction for adjudication with
reference to the provisions of Section 33C(2). Ultimately, it was
found that, unless and until there is an award or a settlement in
the matter, the provisions of Section 33C(2) will not get attracted.
9. In the afore circumstances, I am of the opinion that the
findings contained in Ext.P6, issued by the Labour Court,
26
W.P.(C) Nos.40260 of 2017 and connected cases
2025:KER:54136
exercising the power under Section 33C(2), are only to be set
aside.
10. I hold that the Labour Court had no jurisdiction to
exercise the power under Section 33C(2), on the basis of the
pleadings contained in the claim statement as well as the written
statement filed from the side of the employer – the petitioners
herein.
Resultantly, these writ petitions would stand allowed, setting
aside Ext.P6 issued by the Labour Court in all these cases.
However, it is clarified that the 1st respondents in these writ
petitions would be entitled to make appropriate applications for
redressal of their grievances strictly in accordance with law.
Sd/-
HARISANKAR V. MENON
JUDGE
anm
27
W.P.(C) Nos.40260 of 2017 and connected cases
2025:KER:54136
APPENDIX OF WP(C) 40260/2017
PETITIONERS’ EXHIBITS
EXHIBIT P1 TRUE COPY OF CLAIM STATEMENT DATED
06/2014 SUBMITTED BY THE 1ST RESPONDENT
BEFORE THE LABOUR COURT
EXHIBIT P2 TRUE COPY OF VERSION FILED BY THE 2ND
PETITIONER
EXHIBIT P3 TRUE COPY OF REJOINDER FILED BY THE 1ST
RESPONDENT
EXHIBIT P4 TRUE COPY OF ADDITIONAL COUNTER DATED
17/4/2015 FILED BY THE 2ND PETITIONER
EXHIBIT P5 TRUE COPY OF ARGUMENT NOTE SUBMITTED BY
THE PETITIONERS
EXHIBIT P6 TRUE COPY OF ORDER DATED 12/5/2017 IN CP
NO 48/2014 PASSED BY THE LABOUR COURT
28
W.P.(C) Nos.40260 of 2017 and connected cases
2025:KER:54136
APPENDIX OF WP(C) 40237/2017
PETITIONERS’ EXHIBITS
EXHIBIT P1 TRUE COPY OF CLAIM STATEMENT DATED
06/2014 SUBMITTED BY THE 1ST RESPONDENT
BEFORE THE LABOUR COURT.
EXHIBIT P2 TRUE COPY OF VERSION FILED BY THE 2ND
PETITIONER.
EXHIBIT P3 TRUE COPY OF REJOINDER FILED BY THE 1ST
RESPONDENT.
EXHIBIT P4 TRUE COPY OF ADDITIONAL COUNTER DATED
17.4.2015 FILED BY THE 2ND PETITIONER.
EXHIBIT P5 TRUE COPY OF ARGUMENT NOTE SUBMITTED BY
THE PETITIONERS.
EXHIBIT P6 TRUE COPY OF ORDER DATED 12.5.2017 IN CP
NO.45/2014 PASSED BY THE LABOUR COURT.
29
W.P.(C) Nos.40260 of 2017 and connected cases
2025:KER:54136
APPENDIX OF WP(C) 40249/2017
PETITIONERS’ EXHIBITS
EXHIBIT P1 TRUE COPY OF CLAIM STATEMENT DATED
06/2014 SUBMITTED BY THE 1ST RESPONDENT
BEFORE THE LABOUR COURT.
EXHIBIT P2 TRUE COPY OF VERSION FILED BY THE 2ND
PETITIONER.
EXHIBIT P3 TRUE COPY OF REJOINDER FILED BY THE 1ST
RESPONDENT.
EXHIBIT P4 TRUE COPY OF ADDITIONAL COUNTER DATED
17.4.2015 FILED BY THE 2ND PETITIONER.
EXHIBIT P5 TRUE COPY OF ARGUMENT NOTE SUBMITTED BY
THE PETITIONER.
EXHIBIT P6 TRUE COPY OF ORDER DATED 12.5.2017 IN CP
NO.47/2014 PASSED BY THE LABOUR COURT.
30
W.P.(C) Nos.40260 of 2017 and connected cases
2025:KER:54136
APPENDIX OF WP(C) 40270/2017
PETITIONERS’ EXHIBITS
EXHIBIT P1 TRUE COPY OF THE CLAIM STATEMENT DATED
05/2014 SUBMITTED BY THE 1ST RESPONDENT
BEFORE THE LABOUR COURT.
EXHIBIT P2 TRUE COPY OF VERSION FILED BY THE 2ND
PETITIONER.
EXHIBIT P3 TRUE COPY OF REJOINDER FILED BY THE 1ST
RESPONDENT.
EXHIBIT P4 TRUE COPY OF ADDITIONAL COUNTER DATED 17-
4-2015 FILED BY THE 2ND PETITIONER.
EXHIBIT P5 TRUE COPY OF THE ARGUMENT NOTE SUBMITTED
BY THE PETITIONERS.
EXHIBIT P6 TRUE COPY OF ORDER DATED 12-5-2017 IN CP
NO.44/2014 PASSED BY THE LABOUR COURT.
31
W.P.(C) Nos.40260 of 2017 and connected cases
2025:KER:54136
APPENDIX OF WP(C) 40271/2017
PETITIONERS’ EXHIBITS
EXHIBIT P1 TRUE COPY OF THE CLAIM STATEMENT DATED
19/06/2014 SUBMITTED BY THE 1ST
RESPONDENT BEFORE THE LABOUR COURT.
EXHIBIT P2 TRUE COPY OF VERSION FILED BY THE 2ND
PETITIONER.
EXHIBIT P3 TRUE COPY OF REJOINDER FILED BY THE 1ST
RESPONDENT.
EXHIBIT P4 TRUE COPY OF ADDITIONAL COUNTER DATED
17-4-2015 FILED BY THE 2ND PETITIONER.
EXHIBIT P5 TRUE COPY OF THE ARGUMENT NOTE SUBMITTED
BY THE PETITIONERS.
EXHIBIT P6 TRUE COPY OF ORDER DATED 12-5-2017 IN CP
NO.43/2014 PASSED BY THE LABOUR COURT.
32
W.P.(C) Nos.40260 of 2017 and connected cases
2025:KER:54136
APPENDIX OF WP(C) 40445/2017
PETITIONERS’ EXHIBITS
EXHIBIT P1 TRUE COPY OF CLAIM STATEMENT DATED
06/2014 SUBMITTED BY THE 1ST RESPONDENT
BEFORE THE LABOUR COURT.
EXHIBIT P2 TRUE COPY OF VERSION FILED BY THE 2ND
PETITIONER.
EXHIBIT P3 TRUE COPY OF REJOINDER FILED BY THE 1ST
RESPONDENT.
EXHIBIT P4 TRUE COPY OF ADDITIONAL COUNTER DATED
21/4/2015 FILED BY THE 2ND PETITIONER.
EXHIBIT P5 TRUE COPY OF ARGUMENT NOTE SUBMITTED BY
THE PETITIONERS.
EXHIBIT P6 TRUE COPY OF ORDER DATED 12/5/2017 IN CP
NO. 51/2014 PASSED BY THE LABOUR COURT.
33
W.P.(C) Nos.40260 of 2017 and connected cases
2025:KER:54136
APPENDIX OF WP(C) 40447/2017
PETITIONERS’ EXHIBITS
EXHIBIT P1 TRUE COPY OF CLAIM STATEMENT DATED
06/2014 SUBMITTED BY THE 1ST RESPONDENT
BEFORE THE LABOUR COURT.
EXHIBIT P2 TRUE COPY OF VERSION FILED BY THE 2ND
PETITIONER.
EXHIBIT P3 TRUE COPY OF REJOINDER FILED BY THE 1ST
RESPONDENT.
EXHIBIT P4 TRUE COPY OF ADDITIONAL COUNTER DATED
21.4.2015 FILED BY THE 2ND PETITIONER.
EXHIBIT P5 TRUE COPY OF ARGUMENT NOTE SUBMITTED BY
THE PETITIONERS.
EXHIBIT P6 TRUE COPY OF ORDER DATED 12.5.2017 IN CP
NO.52/2014 PASSED BY THE LABOUR COURT.
34
W.P.(C) Nos.40260 of 2017 and connected cases
2025:KER:54136
APPENDIX OF WP(C) 40448/2017
PETITIONERS’ EXHIBITS
EXHIBIT P1 TRUE COPY OF CLAIM STATEMENT DATED
06/2014 SUBMITTED BY THE 1ST RESPONDENT
BEFORE THE LABOUR COURT.
EXHIBIT P2 TRUE COPY OF VERSION FILED BY THE 2ND
PETITIONER.
EXHIBIT P3 TRUE COPY OF REJOINDER FILED BY THE 1ST
RESPONDENT.
EXHIBIT P4 TRUE COPY OF ADDITIONAL COUNTER DATED
17.04.2015 FILED BY THE 2ND PETITIONER.
EXHIBIT P5 TRUE COPY OF ARGUMENT NOTE SUBMITTED BY
THE PETITIONERS.
EXHIBIT P6 TRUE COPY OF ORDER DATED 12.05.2017 IN
C.P.NO.46/2014 PASSED BY THE LABOUR
COURT.
35
W.P.(C) Nos.40260 of 2017 and connected cases
2025:KER:54136
APPENDIX OF WP(C) 40512/2017
PETITIONERS’ EXHIBITS
EXHIBIT P1 TRUE COPY OF CLAIM STATEMENT DATED
06/2014 SUBMITTED BY THE 1ST RESPONDENT
BEFORE THE LABOUR COURT.
EXHIBIT P2 TRUE COPY OF VERSION FILED BY THE 2ND
PETITIONER.
EXHIBIT P3 TRUE COPY OF REJOINDER FILED BY THE 1ST
RESPONDENT.
EXHIBIT P4 TRUE COPY OF ADDITIONAL COUNTER DATED
21.04.2015 FILED BY THE 2ND PETITIONER.
EXHIBIT P5 TRUE COPY OF AGREEMENT NOTE SUBMITTED BY
THE PETITIONERS.
EXHIBIT P6 TRUE COPY OF ORDER DATED 12.5.2017 IN CP
NO.50/2014 PASSED BY THE LABOUR COURT.
36
W.P.(C) Nos.40260 of 2017 and connected cases
2025:KER:54136
APPENDIX OF WP(C) 40636/2017
PETITIONERS’ EXHIBITS
EXHIBIT P1 TRUE COPY OF CLAIM STATEMENT DATED
06/2014 SUBMITTED BY THE 1ST RESPONDENT
BEFORE THE LABOUR COURT
EXHIBIT P2 TRUE COPY OF VERSION FILED BY THE 2ND
PETITIONER
EXHIBIT P3 TRUE COPY OF REJOINDER FILED BY THE 1ST
RESPONDENT
EXHIBIT P4 TRUE COPY OF ADDITIONAL COUNTER DATED
23/4/2015 FILED BY THE 2ND PETITIONER
EXHIBIT P5 TRUE COPY OF ARGUMENT NOTE SUBMITTED BY
THE PETITIONERS
EXHIBIT P6 TRUE COPY OF ORDER DATED 12/5/2017 IN CP
NO.49/2014 PASSED BY THE LABOUR COURT