IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE 15TH SEPTEMBER 2010 / 24TH BHADRA 1932 WP(C).No. 7689 of 2009(E) -------------------------------------- PETITIONER(S): ------------------------ 1. COOKIES INDIA WORKERS UNION (CITU), CHIYYARAM, REPRESENTED BY ITS SECRETARY P.V. PRABHAKARAN. 2. VANIJYA VYAVASAYA MAZDOOR SANGH, SHORANUR ROAD, TRICHUR REPRESENTED ITS SECRETARY K. MOHANDAS 3. K. RAJESH, KORAPATH HOUSE, JAWAHAR ROAD, PALLISSERY.P.O, PALAKKAL, TRICHUR. BY ADVS. SMT.A.K.PREETHA, SRI. C.ANILKUMAR. RESPONDENT(S): ---------------------------- 1. STATE BANK OF INDIA, RASMECC, II FLOOR, MAHESWARI BUILDINGS, M.G. ROAD, THRISSUR-1, 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, II FLOOR, MAHESWARI BUILDINGS, M.G. ROAD, THRISSUR. 3. M/S. COOKIES INDIA PVT. LTD., CHIYYARAM, THRISSUR REPRESENTED BY ITS MANAGING DIRECTOR VARIJAKSHAN MANGAT, THRIPTI, BEHIND PARAMEKKAVU TEMPLE, NEAR NAVAMI FLATS, THRISSUR. BY ADV. SRI. P.V. SURENDRANATH, SC, SBI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.7689/2009 E APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE CONCILIATION SETTLEMENT DTD. 21/05/2007 ENTERED INTO BETWEEN THE 3RD RESPONDENT MANAGEMENT AND THE TRADE UNIONS. P2: COPY OF THE SALE NOTIFICATION PUBLISHED BY THE 2ND RESPONDENT IN MALAYALA MANORAMA DAILY DTD. 11/02/2009. P3: COPY OF THE ORDER DTD. 1/07/2009 PASSED BY THE LABOUR COURT, ERNAKULAM IN CP .NO.79/2008. P4: COPY OF THE ORDER DTD. 1/07/2009 PASSED BY THE LABOUR COURT, ERNAKULAM IN C.P.NO.80/2008. P5: COPY OF NOTICE ISSUED FROM THE OFFICE OF THE LABOUR COMMISSIONER DTD. 24/10/2009. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss C.K.ABDUL REHIM, J. -------------------------------------- W.P.(C).No.7689 of 2009 -------------------------------------- Dated this the 15th day of September, 2010 J U D G M E N T ---------------------- Petitioners 1 and 2 are registered Trade Unions representing workers of the 3rd respondent Company. The 3rd petitioner is a workman of the said company. The 3rd respondent Company remains closed down. Management of the said Company and its workers had already entered into a conciliation settlement as per Ext.P1, whereby it was agreed that statutory amounts due towards benefits like Closure Compensation, Bonus, etc., will be paid as on 31.3.2008. Since the understanding was not honoured by the 3rd respondent, petitions were filed before the appropriate authority under Section 33(C)(2) of the Industrial Disputes Act. 2. Meanwhile, at the behest of respondents 1 and 2, proceedings for sale of the assets of the company was initiated, for realising amounts due under the loan account. The writ petition is filed challenging the W.P.(C).7689/09-E -2- proceedings for sale initiated by the respondents 1 and 2. 3. It is pointed out that this court had issued an interim order on 12.3.2009 directing respondents 1 and 2 to set apart an amount of Rs.30 lakhs in a separate account, out of sale proceeds generated, in order to secure legitimate claims of the workers due under Ext.P1. Petitioners had produced Exts.P3 & P4 orders issued by the Labour Court, Ernakulam disposing the claims filed under Section 33(C)(2). The workers were allowed to recover various benefits, as detailed therein, from the 3rd respondent Company. It is submitted by learned counsel appearing for the petitioners that the amount covered under Exts.P3 & P4 orders of the Labour Court along with interest due thereon will be more than the amount which is kept aside by the respondents 1 and 2, in compliance with the interim order. Therefore the petitioners seek direction against respondents 1 and 2 to make deposit of the said amount with the District Labour Officer, Thrissur, who has to execute Exts.P3 & P4 orders. 4. Learned counsel appearing for respondents 1 & 2 conceded that pursuant to the interim order an amount of W.P.(C).7689/09-E -3- Rs.30 lakhs has already been kept aside in a separate account. It is also conceded that the amounts due to the Bank had already been realised. Under such circumstances respondents 1 & 2 have no objection in transferring the amounts to the District Labour Officer. 5. It is noted that notice sent by this court to the 3rd respondent was returned unserved with postal endorsement as “Abolished”. Subsequently paper publication was effected against the 3rd respondent, despite there is no appearance. 6. Under the above circumstances the writ petition is disposed of directing the respondents 1 & 2 to make deposit of the amount of Rs.30 lakhs kept aside pursuant to interim order dt.13.3.2009, to the District Labour Officer, Thrissur. It is made clear that on such deposit that authority will be entitled to appropriate the said amount in order to satisfy the claims based on Exts.P3 & P4 orders passed by the Labour Court. C.K.ABDUL REHIM, JUDGE. okb