IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 5TH FEBRUARY 2008 / 16TH MAGHA 1929 OP.No. 7364 of 1998(B) ---------------------- PETITIONER: ------------ MANAGING DIRECTOR, MANVILA CHIT FUND (P) LTD., MANVILA, KULATHOOR P.O., THIRUVANANTHAPURAM. BY ADV. SRI.B.RAGUNATHAN RESPONDENTS: ------------- 1. DEPUTY LABOUR COMMISSIONER AND SECRETARY, STATE ADVIROSY CONTRACT LABOUR BOARD, (APPELLATE AUTHORITY UNDER THE KERALA SHOPS AND COMMERCIAL ESTABLISHMENTS ACT, 1960). 2. SHRI S.SUSEELAN, DHANYA BHAVAN, SETTLEMENT COLONY, MANVILA, KULATHOOR P.O., THIRUVANANTHAPURAM. BY ADV. SRI.PIRAPPANCODE V.SREEDHARAN NAIR SRI.S.P.ARAVINDAKSHAN PILLAY SRI.PIRAPPANCODE V.S.SUDHIR GOVERNMENT PLEADER SHRI P.SANDESH RAJA THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 05/02/2008, ALONG WITH O.P.NOS.7365/98 AND 7369/98, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON C.M.P.12866/98 IN OP.7364/98 //DISMISSED// 5.2.2008 SD/= (P.N.RAVINDRAN, JUDGE). P.N.RAVINDRAN, J. ---------------------------------------- O.P.Nos.7364, 7365 and 7369/98 ------------------------------------------ DATED THIS THE 5TH DAY OF FEBRUARY, 2008 J U D G M E N T The orders passed by the appellate authority under the Kerala Shops and Commercial Establishments Act, 1960 allowing the appeals filed by the employees of the petitioner and directing their reinstatement in service or to pay them compensation in lieu of reinstatement are under challenge in these Original Petitions. The orders impugned were passed as early as on 13.10.1997. These original petitions were presented on 15.4.1998. By an interim order passed on 17.4.1998, the operation of the orders passed by the appellate authority under the Kerala Shops and Commercial Establishments Act, 1960 was stayed by this Court subject to the condition that the petitioners shall pay a sum of Rs.5,000/= to each of the party respondents/ or deposit the said sum with the first respondent for payment to them. The learned counsel appearing for the petitioners submit that the petitioners have as directed, deposited the sum of Rs.5,000/= with the first respondent on 15.5.1998. O.P.Nos.7364, 7365 and 7369/98 2 2. The party respondents have been out of service for the past more than a decade. The learned counsel on both sides submitted that they have no information as to the whereabouts of the parties. Taking note of the fact that more than 10 years have passed after the orders impugned in these original petitions were passed and also having regard to the interim order of stay passed by this court, I am of the opinion that the original petitions have become infructuous. Accordingly, I close the original petitions as infructuous without adjudicating upon the rival contentions. I make it clear that if the party respondents are interested and if they have not already withdrawn the money deposited by the petitioner, they can approach the first respondent to withdraw the sum of Rs.5,000/= deposited by the petitioner in these original petitions. P.N.RAVINDRAN, JUDGE. dsn O.P.Nos.7364, 7365 and 7369/98 3 P.N.RAVINDRAN,J. ----------------------- O.P.Nos.7364, 7365 and 7369/98 J U D G M E N T 05.02.2008