IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V ND THURSDAY, THE 2 DAY OF FEBRUARY 2023 / 13TH MAGHA, 1944 WP(C) NO. 30001 OF 2021 PETITIONER/S:

1 THE CHAIRMAN, COCHIN PORT TRUST WILLINGDON ISLAND NORTH P.O., KOCHI - 682 009.

2 COCHIN PORT TRUST WILLINGDON ISLAND NORTH P.O., KOCHI - 682 009 REPRESENTED BY ITS CHIEF MECHANICAL ENGINEER.

BY ADVS.

S.SREEKUMAR (SR.)

MANOJ RAMASWAMY RESPONDENT/S:

1 THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR COURT ERNAKULAM, HOUSING BOARD BUILDING, PANAMPILLY NAGAR, ERNAKULAM DISTRICT.

2 THE DEPUTY CHIEF LABOUR COMMISSIONER (CENTRAL)

KENDRIYA SHRAM SADAN, COCHIN, OOLIMUGHAL, KAKKANAD P.O., KOCHI - 682 030.

3 THE ASSISTANT LABOUR COMMISSIONER (CENTRAL)

O/O. DEPUTY CHIEF LABOUR COMMISSIONER (CENTRAL), KENDRIYA SHRAM SADAN, COCHIN, OOLIMUGHAL, KAKKANAD P.O., KOCHI - 682 030. 4 M/S COCHIN SHIPYARD LTD.

PERUMANOOR P.O., ERNAKULAM DISTRICT - 682 015, REPRESENTED BUY ITS MANAGING DIRECTOR.

5 K.K.MADHU AGED 48 YEARS S/O.THANKAPPAN, CHIRAYIL, THIRUMALA BHAGOM, THIRUMALA P.O., THURAVOOR, ALAPPUZHA DISTRICT - 688 540.

6 V.K.PAUL AGED 52 YEARS S/O.KUNJAVARA, VETTIKKA HOUSE, MANJIKKADU JUNCTION, MOOKKANOOR P.O., ERNAKULAM DISTRICT - 683 577.

7 T.P.RAJENDRAN AGED 54 YEARS S/O.BHASKARAN NAIR, THEKKECHERRICHINAATTU HOUSE, AAYIRATHETTU JUNCTION, AROORKUTTY P.O., ALAPPUZHA DISTRICT - 688 535.

BY ADVS. S.JUSTUS SAJI VARGHESE T.G V.JAYADHAR HAFY PUNTHALA WILSON V.SURESH KUMAR (HARIPAD)

G.PRADEEP KUMAR MARIAM MATHAI SRI S MANU DSGI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

This writ petition is filed seeking the following reliefs:

i. A writ of certiorari or other appropriate writ or order to call for the records leading to the issuance of Exhibit P12 and set-aside the same.

ii. A Writ of mandamus or other appropriate writ order or direction directing the 2nd respondent to reconsider Exhibit P12 and pass orders in the light of Exhibit P11 reply.

iii. A Writ of mandamus or other appropriate writ order or direction directing the 2nd respondent to keep in abeyance all further proceedings pursuant to Exhibit P12 pending disposal of Exhibit P8.

2. When this matter is taken up, Sri. Manoj Ramaswamy, the learned counsel appearing for the petitioner, submitted that by order dated 04.02.2022, the persons named therein have been absorbed in the service of the Cochin Port Trust notionally, and in that view of the matter, the petitioners do not intend to prosecute this writ petition.

This writ petition is closed.

Sd/-

RAJA VIJAYARAGHAVAN V JUDGE avs APPENDIX OF WP(C) 30001/2021 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE AWARD DATED 08/08/2011 ISSUED BY THE HON'BLE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT.

Exhibit P2 TRUE COPY OF THE JUDGMENT DATED 06/03/2015 PASSED BY THIS HON'BLE COURT IN WP(C) NO.5954 OF 2012.

Exhibit P3 TRUE COPY OF THE JUDGMENT DATED 21/12/2016 PASSED BY THIS HON'BLE COURT IN W.A.NO.2145 OF 2015.

Exhibit P4 TRUE COPY OF THE JUDGMENT DATED 05/03/2018 PASSED BY THIS HON'BLE SUPREME COURT DISMISSING SLP(C)

2555-2556 OF 2018.

Exhibit P5 TRUE COPY OF THE REPORT DATED 07/05/2018. Exhibit P6 TRUE COPY OF THE REPORT DATED 16/06/2018.

Exhibit P7 TRUE COPY OF THE ORDER VIDE NO.A3/ID-16/CANTEEN WORKERS/2/2018-M DATED 24/08/2018.

Exhibit P8 TRUE COPY OF THE REQUEST NO.A3/LC/CANTEEN WORKERS/2018-M DATED 06/10/2020.

Exhibit P9 TRUE COPY OF THE ORDER DATED 29/10/2021 IN WP(C)

22873 OF 2020.

Exhibit P10 TRUE COPY OF THE JUDGMENT DATED 11/11/2021 IN WP(C)

22873 OF 2020.

Exhibit P11 TRUE COPY OF THE REPLY DATED 10/12/2021 SUBMITTED BEFORE THE 2ND RESPONDENT.

Exhibit P12 TRUE COPY OF THE PROCEEDINGS DATED 13/12/2021.