Judgment:
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE WEDNESDAY, THE 10TH DAY OF JULY 2013 19TH ASHADHA, 1935 WP(C).No. 15989 of 2013 (W) ---------------------------- PETITIONER(S) : --------------- 1. REMADEVI.T, SILK REELER, SILK REELING UNIT, KERALA KHADI & VILLAGE INDUSTRIES BOARD, PATTANAKAD, RESIDING AT VELAMVELIYIL HOUSE, PALLIPPURAM P.O. CHERTHALA-688 541.
2. SINDHU V.B., SILK REELER, SILK REELING UNIT, KERALA KHADI & VILLAGE INDUSTRIES BOARD, PATTANKAD, RESIDING AT VALLIYAKKALHOUSE, VAYALAR P.O., CHERTHALA.
3. SHEEBA K.P., SILK REELER, SILK REELING UNIT, KERALA KHADI & VILLAGE INDUSTRIES BOARD, PATTANKAD, RESIDING AT KANDOOCHIRAYIL HOUSE, KODAMTHURUTHU, KUTHIATHODE P.O., ALAPPUZHA.
4. SUDHA V.D., SILK REELER, SILK REELING UNIT, KERALA KHADI & VILLAGE INDUSTRIES BOARD, PATTANKAD, RESIDING AT THARAYIL HOUSE, PATTANAKKAD P.O., CHERTHALA.
5. PRAKASHAN V.S., BOILER OPERATOR, SILK REELER, SILK REELING UNIT, KERALA KHADI & VILLAGE INDUSTRIES BOARD, PATTANKAD RESIDING AT KUTTIVELI HOUSE, MANNANCHERRY P.O., ALAPPUZHA-688 538.
6. INDIRA T.K., SILK REELER, SILK REELING UNIT, KERALA KHADI & VILLAGE INDUSTRIES BOARD, PATTANKAD, RESIDING AT MRUDULA NIVAS, ANDHAKARANAZHI P.O. CHERTHALA. rvs. WP(C).No. 15989 of 2013 (W) 7. BEENA P., SILK REELER, SILK REELING UNIT, KERALA KHADI & VILLAGE INDUSTRIES BOARD, PATTANKAD, RESIDING AT CHANKARATTUNIKATH, PATTANAKKAD P.O. CHERTHALA.
8. SOBHA S., SILK REELER, SILK REELING UNIT, KERALA KHADI & VILLAGE INDUSTRIES BOARD, PATTANKAD, RESIDING AT KAITHALAVUNIKARTH, KALAVAMKODAM P.O. CHERTHALA.
9. AJITHA P.T., SILK REELER, SILK REELING UNIT, KERALA KHADI & VILLAGE INDUSTRIES BOARD, PATTANKAD, RESIDING AT KARIYILNAKARTH, VAYALAR P.O., CHERTHALA.
10. SUDHA P.K., SILK REELER, SILK REELING UNIT, KERALA KHADI & VILLAGE INDUSTRIES BOARD, PATTANKAD, RESIDING AT PUDUMANAKARIYIL HOUSE, VAYALAR P.O. CHERTHALA. BY ADV. SRI.MVS.NAMBOOTHIRY RESPONDENT(S): -------------- 1. THE KERALA KHADI AND VILLAGE INDUSTRIES BOARD, REPRESENTED BY ITS SECRETARY, THIRUVANANTHAPURAM-695001.
2. THE KEALA STATE SERICULTURE CO-OPERATIVE FEDERATION LTD, (SERIFED) SASTHAMANGALAM, THIRUVANANTHAPURAM-695 010.
3. THE DISTRICT LABOUR OFFICER, LABOUR OFFICE, ALAPPUZHA-688 001. BY GOVERNMENT PLEADER SRI. NOUSHAD THOTTATHIL & BY SRI.R.S.HARI KUMAR ,SC,KERALA KHADI AND VILLAGE INUSTRIES. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10-07-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rvs. WP(C).No. 15989 of 2013 (W) APPENDIX PETITIONER(S)' EXHIBITS : -------------------- EXHIBIT P1. TRUE COPY OF THE EPF STATEMENT OF ACCOUNTS OF THE 1ST PETITIONER. EXHIBIT P1(A). TRUE COPY OF THE EPF STATEMENT OF ACCOUNTS OF THE 2ND PETITIONER. EXHIBIT P1(B). TRUE COPY OF THE EPF STATEMENT OF ACCOUNTS OF THE 3RD PETITIONER. EXHIBIT P1(C). TRUE COPY OF THE EPF STATEMENT OF ACCOUNTS OF THE 6TH PETITIONER. EXHIBIT P1(D). TRUE COPY OF THE EPF STATEMENT OF ACCOUNTS OF THE 7TH PETITIONER. EXHIBIT P1(E). TRUE COPY OF THE EPF STATEMENT OF ACCOUNTS OF THE 9TH PETITIONER. EXHIBIT P1(F). TRUE COPY OF THE EPF STATEMENT OF ACCOUNTS OF THE 10TH PETITIONER. EXHIBIT P2. TRUE COPY OF THE CARD ISSUED TO THE 2ND PETITIONER BY THE EMPLOYEES STATE INSURANCE CORPORATION. EXHIBIT P2(A). TRUE COPY OF THE CARD ISSUED TO THE 4TH PETITIONER BY THE EMPLOYEES STATE INSURANCE CORPORATION. EXHIBIT P2(B). TRUE COPY OF THE CARD ISSUED TO THE 7TH PETITIONER BY THE EMPLOYEES STATE INSURANCE CORPORATION. EXHIBIT P2(C). TRUE COPY OF THE CARD ISSUED TO THE 8TH PETITIONER BY THE EMPLOYEES STATE INSURANCE CORPORATION. EXHIBIT P2(D). TRUE COPY OF THE CARD ISSUED TO THE 9TH PETITIONER BY THE EMPLOYEES STATE INSURANCE CORPORATION. EXHIBIT P3. TRUE COPY OF THE CERTIFICATE OF TRAINING ISSUED TO THE 1ST PETITIONER. EXHIBIT P3(A). TRUE COPY OF THE CERTIFICATE OF TRAINING ISSUED TO THE 2ND PETITIONER WP(C).No. 15989 of 2013 (W) EXHIBIT P3(B). TRUE COPY OF THE CERTIFICATE OF TRAINING ISSUED TO THE 4TH PETITIONER. EXHIBIT P3(C). TRUE COPY OF THE CERTIFICATE OF TRAINING ISSUED TO THE 6TH PETITIONER. EXHIBIT P3(D). TRUE COPY OF THE CERTIFICATE OF TRAINING ISSUED TO THE 7TH PETITIONER. EXHIBIT P3(E). TRUE COPY OF THE CERTIFICATE OF TRAINING ISSUED TO THE 9TH PETITIONER. EXHIBIT P3(F). TRUE COPY OF THE CERTIFICATE OF TRAINING ISSUED TO THE 10TH PETITIONER. EXHIBIT P4. TRUE COPY OF THE G.O.DATED 15 3/2010 ISSUED BY THE GOVERNMENT. EXHIBIT P5. TRUE COPY OF THE AWARD DATED 23 11/2012 PASSED BY THE INDUSTRIAL TRIBUNAL IN ID NO.58/1999. EXHIBIT P6. TRUE COPY OF THE JUDGMENT DATED 9 4/2012 IN WPC NO.24014/2013 OF THIS COURT. EXHIBIT P7. TRUE COPY OF THE REPRESENTATION DATED 28 9/2012 SUBMITTED BY THE PETITIONERS BEFORE THE DISTRICT LABOUR OFFICER, ALAPPUZHA. EXHIBIT P8. TRUE COPY OF THE REPRESENTATION DATED 22 2/2013 SUBMITTED BY THE PETITIONERS BEFORE THE DISTRICT LABOUR COMMISSIONER, ALAPPUZHA. RESPONDENT(S)' EXHIBITS ------------------------ NIL. /True Copy/ P.A.TO JUDGE rvs. A.M.SHAFFIQUE,J.
--------------------------- W.P.(C).No.15989 OF 201.---------------------------- Dated this the 10th day of July, 2013 JUDGMENT Petitioners claims to be engaged in the Silk Reeling Unit, Pattanakad of the second respondent federation. They claim permanency as they were working since 1999. According to them, similarly placed persons had approached the Industrial Tribunal and an award had been passed in their favour in terms of Ext.P5 directing that the said workers should be made permanent in the lowest grade available in the management establishment. Similar claims had been made by the petitioners by giving representation as Ext.P7 to the District Labour Officer. But according to the petitioners, the same has not been considered so far and unless the recommendation is made to the Government, it may not be possible for them to agitate the matter before the Industrial Tribunal.
2. Having regard to the aforesaid factual situation involved in the case, I am of the view that this writ petition can be disposed as follows: The third respondent shall consider Ext.P7 and conduct necessary conciliation in respect of the dispute raised by the petitioners and appropriate orders may be passed within a period of two months from the date of receipt of a copy of this judgment. A.M.SHAFFIQUE, JUDGE cms