A.Sureshkumar Vs. the Regional Labour Commissioner (Central) - Court Judgment

SooperKanoon Citationsooperkanoon.com/1015324
CourtKerala High Court
Decided OnJan-30-2013
JudgeHONOURABLE MR.JUSTICE V.CHITAMBARESH
AppellantA.Sureshkumar
RespondentThe Regional Labour Commissioner (Central)
Excerpt:
in the high court of kerala at ernakulam present: the honourable mr.justice v.chitambaresh wednesday, the 30th day of january 2013 10th magha 193 wp(c).no. 30099 of 2012 (j) --------------------------- petitioner(s): -------------------------- a.sureshkumar, aged 4 years, s/o.ramankutty nair, general secretary (bms) alagappa textiles, trichur district textile mazdoor sangam, (alagappa textile unit) reg.no.256/79, p.o.alagappanagar,thrissur. by advs.sri.c.p.peethambaran smt.mini.v.a. respondent(s): ---------------------------- 1. the regional labour commissioner (central), kendriya sharmsadan,olimughal,kakkanad, kochi ”030. 2. alagappa textiles (cochin) mills, alagappa nagar,trichur ”302. represented by its general manager.3. mr.v.sasidharan, (t no.1937), alagappa textiles (cochin) mills,alagappa nagar, trichur ”302. r1 by adv. sri.p.parameswaran nair,asg of india by adv.sri.v.krishna menon r3 by adv. sri.a.jayasankar r3 by adv. sri.manu govind r3 by adv. sri.jophy pothen kandankary this writ petition (civil) having been finally heard on 30-01-2013, the court on the same day delivered the following: kss wpc.no.30099/2012 j appendix petitioner's exhibits: exhibit-p1 - true copy of the relevant pages of permanent workers' register attested by the 2nd respondent. exhibit-p2 - true copy of the petition submitted by the petitioner for conciliation before the 1st respondent dated 5 12-2012. exhibit-p3 - true copy of the circular dated 11 12-2012 issued by the 2nd respondent. respondents' exhibits: n i l /true copy/ p.a.to judge kss v.chitambaresh, j --------------------------------------- w.p.(c).no.30099 of 2012 ---------------------------------------- dated this the 30th day of january , 2013 order the only ground urged to the time of hearing is for earlier consideration of ext.p2 representation pending before the first respondent. the petitioner has invoke section 12 of the industrial dispute act for resolution of the dispute. the petitioner seeks convenient a conciliation conference to amicably settled the dispute. the petitioner contains that the dispute that otherwise a failure report may be forwarded to the government to enable an industrial dispute being adjudicated.2. i direct the first respondent to consider ext.p2 representation on merit after notice to respondents 2 and 3 and other interested persons the needful shall be done within a period of two months from the date of receipt of a copy of this judgment. v.chitambaresh judge as
Judgment:

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE V.CHITAMBARESH WEDNESDAY, THE 30TH DAY OF JANUARY 2013 10TH MAGHA 193 WP(C).No. 30099 of 2012 (J) --------------------------- PETITIONER(S): -------------------------- A.SURESHKUMAR, AGED 4 YEARS, S/O.RAMANKUTTY NAIR, GENERAL SECRETARY (BMS) ALAGAPPA TEXTILES, TRICHUR DISTRICT TEXTILE MAZDOOR SANGAM, (ALAGAPPA TEXTILE UNIT) REG.NO.256/79, P.O.ALAGAPPANAGAR,THRISSUR. BY ADVS.SRI.C.P.PEETHAMBARAN SMT.MINI.V.A. RESPONDENT(S): ---------------------------- 1. THE REGIONAL LABOUR COMMISSIONER (CENTRAL), KENDRIYA SHARMSADAN,OLIMUGHAL,KAKKANAD, KOCHI ”

030.

2. ALAGAPPA TEXTILES (COCHIN) MILLS, ALAGAPPA NAGAR,TRICHUR ”

302. REPRESENTED BY ITS GENERAL MANAGER.

3. MR.V.SASIDHARAN, (T NO.1937), ALAGAPPA TEXTILES (COCHIN) MILLS,ALAGAPPA NAGAR, TRICHUR ”

302. R1 BY ADV. SRI.P.PARAMESWARAN NAIR,ASG OF INDIA BY ADV.SRI.V.KRISHNA MENON R3 BY ADV. SRI.A.JAYASANKAR R3 BY ADV. SRI.MANU GOVIND R3 BY ADV. SRI.JOPHY POTHEN KANDANKARY THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30-01-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.30099/2012 J APPENDIX PETITIONER'S EXHIBITS: EXHIBIT-P1 - TRUE COPY OF THE RELEVANT PAGES OF PERMANENT WORKERS' REGISTER ATTESTED BY THE 2ND RESPONDENT. EXHIBIT-P2 - TRUE COPY OF THE PETITION SUBMITTED BY THE PETITIONER FOR CONCILIATION BEFORE THE 1ST RESPONDENT DATED 5 12-2012. EXHIBIT-P3 - TRUE COPY OF THE CIRCULAR DATED 11 12-2012 ISSUED BY THE 2ND RESPONDENT. RESPONDENTS' EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss V.CHITAMBARESH, J --------------------------------------- W.P.(C).NO.30099 of 2012 ---------------------------------------- Dated this the 30th day of January , 2013 ORDER The only ground urged to the time of hearing is for earlier consideration of Ext.P2 representation pending before the first respondent. The petitioner has invoke Section 12 of the Industrial Dispute Act for resolution of the dispute. The petitioner seeks convenient a conciliation conference to amicably settled the dispute. The petitioner contains that the dispute that otherwise a failure report may be forwarded to the Government to enable an Industrial dispute being adjudicated.

2. I direct the first respondent to consider Ext.P2 representation on merit after notice to respondents 2 and 3 and other interested persons the needful shall be done within a period of two months from the date of receipt of a copy of this judgment. V.CHITAMBARESH JUDGE AS