IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE 11TH AUGUST 2010 / 20TH SRAVANA 1932 Con.Case(C).No. 675 of 2010(S) ------------------------------ ( AGAINST THE JUDGEMENT IN WPC.37154/2009 ) .................... PETITIONERS/WRIT PETITIONERS: --------------------------------------- 1. V.A.SHAJU, SECRETARY, AGED 40 YEARS, S/O.ANTONY, LOADING AND UNLOADING WORKERS' UNION (AITUC), KERALA FEEDS, FEEDS NAGAR, P.O.KALLETTUMKARA, THRISSUR. 2. C.L.GEORGE, SECRETARY, AGED 40 YEARS, S/O.LONAPPAN, LOADING AND UNLOADING WORKERS' UNION (AITUC), KERALA FEEDS, FEEDS NAGAR, P.O.KALLETTUMKARA, THRISSUR. 3. SHYLA KUMAR, SECRETARY, AGED 41 YEARS, S/O.SEKHARAN, LOADING AND UNLOADING WORKERS' UNION (AITUC), KERALA FEEDS, FEEDS NAGAR, P.O.KALLETTUMKARA, THRISSUR. 4. N.N.ANILKUMAR, SECRETARY, AGED 34 YEARS, S/O.NARAYANAN, LOADING AND UNLOADING WORKERS' UNION (AITUC), KERALA FEEDS, FEEDS NAGAR, P.O.KALLETTUMKARA, THRISSUR. BY ADV. SRI.P.K.SAJEEV RESPONDENT/ IST RESPONDENT: ----------------------------------- DR.M.SURESH KUMAR, (FATHER'S NAME AND AGE NOT KNOWN TO THE PETITIONER), MANAGING DIRECTOR, KERALA FEEDS LIMITED, KALLETTUMKARA, THRISSUR-680 683. ADV. SRI.E.K.NANDAKUMAR SRI.A.K.JAYASANKAR NAMBIAR SRI.K.JOHN MATHAI SRI.P.BENNY THOMAS SRI.P.GOPINATH THIS CONTEMPT OF COURT CASE (CIVIL) HAVING BEEN FINALLY HEARD ON 11/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON, J. .............................................................................. CONTEMPT OF COURT CASE NO. 675 OF 2010 IN W.P.(C) 37154 of 2009 ......................................................................... Dated this the 11th August, 2010 J U D G M E N T This Contempt of Court Case has been filed alleging wilful disobedience of the direction given by this Court as per the judgment dated 22.01.2010 in so far as the first respondent, Company in the Writ Petition had undertaken before this Court to provide work to the 40 workers represented by the petitioners in excess of '20580 tonnage' of work promised to the 147 workers of the 1st batch as contained in clause 10 of Ext. P2 produced along with the Writ Petition. 2. On serving notice, the first respondent /contemnor has entered appearance and filed a detailed counter affidavit pointing out the sequence of events, stating that the averments and allegations raised by the petitioners are far from the track of truth in so far as the respondent/contemnor has taken every CONTEMPT OF COURT CASE NO. 675 OF 2010 2 earnest effort to see that work is provided to the workers represented by the petitioners, as undertaken. Proceedings of the various meetings by way of minutes, between the Management and concerned Unions have been produced along with other documents, as Exts. R1(a) to R1(j)). 3. Going by the contents of the counter affidavit and also the documents, this Court finds that some sort of settlement has been arrived at between the Management and the workers represented by the Unions and the same is subsisting. This Court does not find any contumacious act on the part of the respondent/contemnor, so as to proceed with the matter. In the said circumstance, the C.O.C. is closed. However, this will not stand in the way of the petitioners in proceeding with appropriate steps for availing the permissible extent of relief by approaching other appropriate forum, in accordance with law. P.R. RAMACHANDRA MENON, JUDGE. lk