IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 17TH JUNE 2011 / 27TH JYAISHTA 1933 WP(C).No. 3884 of 2011(I) ------------------------- PETITIONER(S): --------------- K.RADHAKRISHNAN, S/O.KARUNAKARAN NAIR, KURUPPATH HOUSE, THRIKKOOR.P.O., OLLUR VIA, THRISSUR DISTRICT. BY ADV. SRI.N.NAGARESH SRI.SHAJI THOMAS PORKKATTIL SRI.BINU PAUL SRI.T.V.VINU RESPONDENT(S): --------------- 1. STATE BANK OF INDIA, RASMECC, 2ND FLOOR, MAHESHWARI BUILDINGS, M.G.ROAD, THRISSUR-680 001, REPRESENTED BY ITS CHIEF MANAGER. 2. AUTHORISED OFFICER UNDER THE SECURITISATION AND RECONSTRUCTION OF FINANCIAL ASSETS AND ENFORCEMENT OF SECURITY ACT, 2002, STATE BANK OF INDIA, RASMECC, 2ND FLOOR, MAHESHWARI BUILDINGS, M.G.ROAD, THRISSUR-680 001. 3. M/S.COOKIES INDIA PVT.LTD., CHIYYARAM, THRISSUR, REPRESENTED BY ITS MANAGING DIRECTOR, MR.VARIJAKSHAN MANGAT, THRIPTHI, PARAMEKKAVU TEMPLE, NEAR NAVAMI FLATS, THRISSUR-680 001. 4. DISTRICT LABOUR OFFICER, THRISSUR-680 003. 5. LABOUR COURT, ERNAKULAM-682 031. BY ADV. SRI.C.RAJENDRAN FOR R3 BY ADV. SMT.R.S.SREEVIDYA FOR R3 BY ADV. SRI.P.V.SURENDRANATH FOR R1 BY GOVT. PLEADER SRI.P.M.MANOJ THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON ON 17/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C) NO.3884 OF 2011 EXT.P1 TRUE COPY OF THE AWARD DATED 26.10.1999 PASSED BY THE INDUSTRIAL TRIBUNAL, PALAKKAD IN I.D.NO.81 OF 1996 EXT.P2 TRUE COPY OF THE JUDGMENT DATED 10.8.2007 IN O.P.NO.37035 OF 2002 OF THIS HON'BLE COURT. EXT.P3 TRUE COPY OF THE CLAIM PETITION NO.14/2010 FILED ON 5.4.2010 BY THE PETITIONER BEFORE THE LABOUR COURT, ERNAKULAM. EXT.P4 TRUE COPY OF THE ORDER DATED 1.9.2010 IN S.A.NO.5 OF 2009 OF THE DEBTS RECOVERY TRIBUNAL, ERNAKULAM. EXT.P5 TRUE COPY OF THE JUDGMENT DATED 15.9.2010 IN W.P.(C) NO.7689 OF 2009 OF THIS HON'BLE COURT. //TRUE COPY// P.A. TO JUDGE. P.N. RAVINDRAN, J. ------------------------------- W.P.(C) No.3884 of 2011 ------------------------------- Dated this the 17th day of June, 2011 J U D G M E N T This writ petition is filed by a workman of the third respondent company for an order directing respondents 1 and 2 to set apart the sum of Rs.12,64,125.50 which is the amount claimed by the petitioner in Claim Petition No.14 of 2010 on the file of the Labour Court, Ernakulam and to keep it in a separate deposit account. The petitioner has also prayed for expeditious disposal of Claim Petition No.14 of 2010 on the file of the Labour Court, Ernakulam. 2. Respondents 1 and 2 have filed a statement dated 3.6.2011 wherein it is stated that after the sale of the secured assets under SARFAESI Act which was held on 10.2.2010 and appropriation of the sale proceeds, the sum of Rs.10,05,779/- is remaining with the bank. It is also stated that the bank is prepared to deposit the said amount in a separate account in favour of the fourth respondent District Labour Officer. 3. When the writ petition was taken up for hearing, Sri.C.Rajendran, the learned counsel appearing for the third respondent submitted that the third respondent has no objection to the said sum of Rs.10,05,779/- being deposited in the name of the Labour Court, Ernakulam to the credit of C.P.No.14 of 2010 in fixed W.P.(C) No.3884 of 2011 2 deposit for a period of one year to be renewed if necessary thereafter. In the light of the agreement arrived at between the parties, I dispose of the writ petition with a direction to respondents 1 and 2 to deposit the sum of Rs.10,05,779/- in fixed deposit from 20.6.2011 in the name of the Labour Court, Ernakulam to the credit of C.P.No.14 of 2010. The deposit shall initially be for a period of one year. It will be open to the parties after the disposal of the claim petition to move the Labour Court regarding the manner in which the said amount and the interest that has accrued on the amount should be appropriated. The Labour Court, Ernakulam shall endeavor to dispose of Claim Petition No.14 of 2010 expeditiously and in any event within six months from today. P.N. RAVINDRAN, JUDGE. nj.