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2025 DAILYLAW 3597 (KER)

ERNAKULAM DISTRICT TRANSPORT AND GENERAL WORKERS UNION v. DISTRICT LABOUR OFFICER

WP(C)/6361/2025 · 2025-04-04

Murali Purushothaman

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:KER:29213 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN FRIDAY, THE 4TH DAY OF APRIL 2025 / 14TH CHAITHRA, 1947 WP(C) NO. 6361 OF 2025 PETITIONER: ERNAKULAM DISTRICT TRANSPORT AND GENERAL WORKERS UNION REGISTRATION NO:456/1973, LABOUR PORT, KALA BHAVAN ROAD, ERNAKULAM, KOCHI, REPRESENTED BY ITS GENERAL SECRETARY MR. P.P JOSEPH S/O. PATHROSE, RESIDING AT PUTHENVEETIL HOUSE, KANNAMALI P.O, KANNAMALI, KOCHI, ERNAKULAM, PIN – 682 318. BY ADVS. C.S.AJITH PRAKASH T.K.DEVARAJAN ANCY THANKACHAN BABU M. XAVIER K.K. SRUTHY UNNIKRISHNAN KRISHNENDU.D RESPONDENTS: 1 DISTRICT LABOUR OFFICER OFFICE OF THE DISTRICT LABOUR OFFICER CIVIL STATION, KAKKANAD, PIN – 682 030. 2 ASSISTANT LABOUR OFFICER KOCHI 1ST CIRCLE, OFFICE OF THE ASSISTANT LABOUR OFFICER KOCHI, PIN – 682 030. 3 GENERAL SECRETARY CITU MALSYA THOZHILALI UNION CHELLANAM FISHERIES HARBOR, CHELLANAM P.O, PIN – 682 008. 2025:KER:29213 WP(C) NO. 6361 OF 2025 2 4 ASSISTANT ENGINEER HARBOUR ENGINEERING DEPARTMENT CHELLANAM FISHING HARBOUR, CHELLANAM, PIN – 682 008. SMT. RESMI THOMAS - GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:29213 WP(C) NO. 6361 OF 2025 3 JUDGMENT The petitioner Trade Union has filed this writ petition for a direction to the 1st respondent to take final decision on Ext.P6 dispute within a time frame to be fixed by this Court. 2. When the writ petition came up for further consideration today, the learned counsel for the petitioner as well as the learned Government Pleader, on instructions, submits that, the 1st respondent has passed an order on 07.02.2025 finalising the dispute. A copy of the proceedings of the 1st respondent under Section 21(4) of the Kerala Head Load Workers Act,1978 has been handed over to me. 2025:KER:29213 WP(C) NO. 6361 OF 2025 4 3. It is submitted by the learned counsel for the petitioner that the petitioner has already preferred an appeal before the Deputy Labour Commissioner against the said order. In the said circumstances, without prejudice to the right of the petitioner to pursue the appeal, the writ petition is disposed of. Sd/- MURALI PURUSHOTHAMAN JUDGE SPR 2025:KER:29213 WP(C) NO. 6361 OF 2025 5 APPENDIX PETITIONER’ S EXHIBITS :- EXHIBIT P1 A TRUE COPY OF THE REGISTRATION CERTIFICATE OF THE PETITIONER UNION. EXHIBIT P2 A TRUE COPY OF THE ONE SUCH IDENTITY CARD ISSUED TO ONE MR. XAVIER SHIBIN DATED07/06/2012. EXHIBIT P3 A TRUE COPY OF THE ONE SUCH IDENTITY CARD ISSUED TO ONE MR. MOSSES CLETUS DATED 20/06/2012. EXHIBIT P4 A TRUE COPY OF THE REPORT SUBMITTED BY THE ALO TO THE CI OF POLICE MATTANCHERRY 12/07/2012. EXHIBIT P5 A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PRESIDENT OF THE PETITIONER’S UNION 18/01/2021. EXHIBIT P6 A TRUE COPY OF THE LABOUR DISPUTE PETITION FILED BY THE PETITIONER UNION BEFORE THE CONCILIATION OFFICER/ ALO/2ND RESPONDENT DATED 30/12/2022. EXHIBIT P7 A TRUE COPY OF THE NOTICE OF THE CONCILIATION PROCEEDING ISSUED BY THE 2ND RESPONDENT TO THE PARTIES TO THE DISPUTE DATED 25/01/2023. EXHIBIT P8 A TRUE COPY OF THE MINUTES OF THE CONCILIATION MEETING CONDUCTED BY THE SECOND RESPONDENT DATED 23/2/2023 IS OBTAINED UNDER RTI ACT BY THE PETITIONER. EXHIBIT P9 A TRUE COPY OF THE NOTICE DATED 3/9/2024 FIXING THE CONCILIATION MEETING ON 9/10/2024. RESPONDENT EXHIBITS: NIL.