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2025 DAILYLAW 3066 (KER)

PARUMALA LOGISTICS v. HINDUSTAN PETROLEUM CORPORATION LIMITED

WP(C)/1323/2025 · 2025-04-08

Murali Purushothaman

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:KER:30361 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN TUESDAY, THE 8TH DAY OF APRIL 2025 / 18TH CHAITHRA, 1947 WP(C) NO. 1323 OF 2025 PETITIONERS: 1 PARUMALA LOGISTICS TRANSPORT CONTRACTORS & CARGO MOVERS, PO CHIYYARAM, THISSUR, REPRESENTED BY ITS PROPRIETOR BENOY ALEX.V, PIN – 680 026. 2 ROSE FLAMES REPRESENTED BY ITS PROPRIETOR BABU JOSEPH K, ATHIRAPARAMBIL LANE, WEST KATTAKARA ROAD, KALOOR, KOCHI, PIN – 682 017. 3 K.K.GEORGE AGED 64 YEARS S/O. KURIAKOSE, KANNANGANAMALIL, THRIKARIYOOR, ERNAKULAM, PIN – 686 692. 4 JOMY N. JOSE AGED 44 YEARS S/O. N.O, JOSE, NALLIKATTIL, CHELAD, KEERAMPARA, KOCHI, PIN – 686 669. 5 P.V.PAILY AGED 62 YEARS S/O. VARKEY, PADINJARUMUKALIL HOUSE, PUTHUPADY PO, KOTHAMANGALAM, PIN – 686 673. BY ADVS. P.RAMAKRISHNAN PREETHI RAMAKRISHNAN PRATAP ABRAHAM VARGHESE MANOJKUMAR G. ASHOK MENON 2025:KER:30361 WP(C) NO.1323 OF 2025 2 RESPONDENTS: 1 HINDUSTAN PETROLEUM CORPORATION LIMITED 17, JAMSHEDJI TATA ROAD, REPRESENTED BY ITS CHAIRMAN & MANAGING DIRECTOR, PIN – 400 020. 2 SENIOR PLANT MANAGER HINDUSTAN PETROLEUM CORPORATION LIMITED, KOCHI LPG PLANT, SEA PORT – AIR PORT ROAD, IRUMPANAM PO, KOCHI, PIN – 682 309. 3 SAI GAS AGENCIES PANAKKATTAMPILLY ROAD, ANJUMURI, KUTHAPPADY, THAMMANAM, ERNAKULAM, KERALA, REPRESENTED BY ITS PROPRIETOR, PIN – 682 032. 4 BISMI GAS AGENCIES DESABHIMANI RD, NEAR BSNL STATION, KALOOR, KOCHI, ERNAKULAM, KERALA, REPRESENTED BY ITS PROPRIETOR, PIN – 682 017. 5 THARAMOLIL GAS AGENCY VALLOM - KODANAD RD, KOOVAPPADY, KERALA, REPRESENTED BY ITS PROPRIETOR, PIN – 683 544. 6 BIMBIS GAS AGENCY KADUTHURUTHY, KOTTAYAM, KERALA REPRESENTED BY ITS PROPRIETOR, PIN – 686 604. 7 A.R.HP GAS NEAR RAILWAY OVER BRIDGE, AMBALANADA, CHALAKUDY, KERALA, REPRESENTED BY ITS PROPRIETOR, PIN – 680 307. 8 BEST GAS AGENCIES PALLIVALAVU, MATHILAKAM, KERALA, REPRESENTED BY ITS PROPRIETOR, PIN – 680 685. 9 NENCO GAS SERVICE AYYANKALI, WARD 15, MANNANCHERY, ALAPPUZHA, KERALA, REPRESENTED BY ITS PROPRIETOR, PIN – 688 522. 2025:KER:30361 WP(C) NO.1323 OF 2025 3 10 HINDUSTAN GAS AGENCIES NADUVATHETTU BUILDINGS, PALA RD, OPPOSITE ST.MARY'S CEMENT CENTRE, ETTUMANOOR, KERALA, REPRESENTED BY ITS PROPRIETOR, PIN – 686 631. 11 THRIPTHY FLAMES KANJIKUZHY, THOMACHEN, PADI, KOTTAYAM, KERALA, REPRESENTED BY ITS PROPRIETOR, PIN – 686 005. 12 CHERIYANS GAS AGENCIES JUNCTION, KADUVAMUZHI, ERATTUPETTA, KERALA, REPRESENTED BY ITS PROPRIETOR, PIN – 686 121. 13 PRAKASINI GAS AGENCIES PANVEL - KOCHI - KANYAKUMARI HWY, NANGIARKULANGARA, KERALA, REPRESENTED BY ITS PROPRIETOR, PIN – 690 513. 14 MAHIMA GAS AGENCY NEAR GOVERNMENT UP SCHOOL, PURAMATTOM - KUMBANADU RD, NEAR VATTAKOTTAL, VATTAKOTTAL, VENNIKULAM, KERALA, REPRESENTED BY ITS PROPRIETOR, PIN – 689 544. 15 PRIYA FLAMES OPPOSITE TO MAVELI STORES, PADINJARENADA, CHENGANNUR, KERALA, REPRESENTED BY ITS PROPRIETOR, PIN – 689 121. 16 PANDALAM GAS AGENCY THUMPAMON - PARIYARAM RD, PANDALAM, KERALA, REPRESENTED BY ITS PROPRIETOR, PIN – 689 501. 17 SABITHA GAS AGENCY (ND DISTRIBUTOR) AMBILI JN, NEENDAKARA DALAVAPURAM RD, VELLUTHURURTH, KOLLAM, KERALA, REPRESENTED BY ITS PROPRIETOR, PIN – 691 582. 2025:KER:30361 WP(C) NO.1323 OF 2025 4 18 BREEZE GAS MANGAD, KOLLAM, KERALA, REPRESENTED BY ITS PROPRIETOR, PIN – 691 015. 19 VISAKH GAS AGENCY ASRAMAM, KOLLAM, KERALA, REPRESENTED BY ITS PROPRIETOR, PIN – 691 002. 20 DEVI GAS AGENCY KARUVELIL P O, KARAVALOOR, KOLLAM, REPRESENTED BY ITS PROPRIETOR, PIN – 691 333. 21 ST JUDE GAS SERVICE PANVEL - KOCHI - KANYAKUMARI HWY, KOLLAM, KERALA, REPRESENTED BY ITS PROPRIETOR, PIN – 691 020. 22 KARTHIKA GAS AGENCY MYLAPURE, PALATHARA, THAZHUTHALA, KERALA, REPRESENTED BY ITS PROPRIETOR, PIN – 691 020. 23 KURUMPOLIL GAS AGENCY KALLADATHUR, ANAKKARA, KERALA, REPRESENTED BY ITS PROPRIETOR, PIN – 685 512. 24 SAFA HP GAS GRAMIN VITRAK NEDUMKANDAM - THANNIMOODU RD, THOOKKUPALAM, KERALA, REPRESENTED BY ITS PROPRIETOR, PIN – 685 552. 25 UNNI GAS SERVICE KILIMANOOR, PAZHAYAKUNNUMMEL, KERALA, REPRESENTED BY ITS PROPRIETOR, PIN – 695 601. 26 JOYAL HP GAS GRAMIN VITRAK NEDUMKANDAM, IDUKKI, KERALA, REPRESENTED BY ITS PROPRIETOR, PIN – 685 553. 27 DIVINE GAS SERVICE AKKULAM ROAD ULLOOR ULLOOR - AAKKULAM ROAD, ULLOOR, THIRUVANANTHAPURAM, KERALA, REPRESENTED BY ITS PROPRIETOR, PIN – 695 011. 2025:KER:30361 WP(C) NO.1323 OF 2025 5 28 SUPER GAS SERVICE POONTHI RD, KRISHNA VIHAR, KUMARAPURAM, THIRUVANANTHAPURAM, KERALA, REPRESENTED BY ITS PROPRIETOR, PIN – 695 011. 29 RAJANI GAS SERVICES THYCAUD, THIRUVANANTHAPURAM, KERALA, REPRESENTED BY ITS PROPRIETOR, PIN – 695 014. 30 KAAVYA GAS SERVICE BALAVAN NAGAR RD, MANACAUD, THIRUVANANTHAPURAM, KERALA, REPRESENTED BY ITS PROPRIETOR, PIN – 695 009. 31 PRIYADARSINI HP GAS SERVICE PUNNAKUKLAM, PO, KOTTUKAL, KERALA, REPRESENTED BY ITS PROPRIETOR, PIN – 695 501. 32 IRUMPANAM GENERAL WORKERS UNION (INTUC) HINDUSTAN PETROLEUM CORPORATION LIMITED, KOCHI LPG PLANT, SEA PORT – AIR PORT ROAD, IRUMPANAM PO, KOCHI, REPRESENTED BY ITS SECRETARY, PIN – 682 309. 33 KERALA PETROLEUM AND GAS WORKERS UNION (CITU) HINDUSTAN PETROLEUM CORPORATION LIMITED, KOCHI LPG PLANT, SEA PORT – AIR PORT ROAD, IRUMPANAM P O, KOCHI, REPRESENTED BY ITS SECRETARY, PIN – 682 309. 34 REGIONAL LABOUR COMMISSIONER (CENTRAL) SHRAM SADAN, OOLIMUGAL, KAKKANAD, KOCHI, PIN – 682 030. BY ADVS. SRI. M.GOPIKRISHNAN NAMBIAR SRI. BABU JOSEPH KURUVATHAZHA SRI. S.KRISHNA MOORTHY K.R.RAJKUMAR V.KRISHNAN KUTTY BALAGOPALAN B. PRABHAKARAN MARAR K.V. SREEDEVI RADHAKRISHNAN 2025:KER:30361 WP(C) NO.1323 OF 2025 6 K.JOHN MATHAI JOSON MANAVALAN KURYAN THOMAS PAULOSE C. ABRAHAM RAJA KANNAN ARCHANA K.S. MOHAMMED SHAFI.K NOEL EALIAS THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:30361 WP(C) NO.1323 OF 2025 7 JUDGMENT It is submitted by the learned counsel for the petitioners that in view of the filing of W.P.(C) No.2801 of 2025, this writ petition has become infructuous. In the light of the said submission, the writ petition is dismissed as infructuous. Sd/- MURALI PURUSHOTHAMAN JUDGE SPR 2025:KER:30361 WP(C) NO.1323 OF 2025 8 APPENDIX PETITIONER’ S EXHIBITS :- EXHIBIT P-1 TRUE COPY OF RELEVANT EXTRACT FROM THE SAID TENDER NOTIFICATION DATED 15/5/2023. EXHIBIT P-2 TRUE COPY OF MINUTES OF THE CONCILIATION MEETING HELD ON 24/11/2023. EXHIBIT P-3 TRUE COPY OF LETTER DATED 27/12/2024 ISSUED BY THE 2ND RESPONDENT. EXHIBIT P-4 TRUE COPY OF REPLY DATED 2/1/2025 SUBMITTED BY THE 1ST PETITIONER. EXHIBIT P-5 TRUE COPY OF FORMAT OF UNDERTAKING CIRCULATED BY THE 2ND RESPONDENT. EXHIBIT P-6 TRUE COPY OF LETTER DATED 8/1/2025 SUBMITTED BY THE PETITIONERS' ASSOCIATION BEFORE THE 34TH RESPONDENT. EXHIBIT P-7 TRUE COPY OF DRAFT OF THE SETTLEMENT DATED 8/1/2025. EXHIBIT P-8 TRUE COPY OF MINUTES OF THE MEETING HELD BY THE 34TH RESPONDENT ON 16/1/2025. RESPONDENT S EXHIBITS :- EXHIBIT R32(a) TRUE COPY OF THE MEMORANDUM OF SETTLEMENT DATED 8.1.2025, ENTERED INTO BETWEEN THE CONTRACTORS/MANAGEMENT ON ONE SIDE AND ITS UNIONS/WORKMEN ON THE OTHER SIDE. EXHIBIT R32(b) TRUE COPY OF THE MEMORANDUM OF SETTLEMENT DATED 17.1.2025 DRAWN, IN THE PRESENCE OF THE 34TH RESPONDENT, IN TERMS OF EXT.R32(A) SETTLEMENT.