Tata Consumer Products Limited vs The Regional Joint Labour ...
2021 Latest Caselaw 3987 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE MR. JUSTICE A.M.BADAR

    WEDNESDAY, THE 03RD DAY OF FEBRUARY 2021 / 14TH MAGHA,1942

                       WP(C).No.2776 OF 2021(V)


PETITIONER:

               TATA CONSUMER PRODUCTS LIMITED
               INSTANT TEA OPERATIONS,
               MUNNAR-685612,REPRESENTED BY ITS
               VICE PRESIDENT MR.B.P.CHANDRAMOULI.

               BY ADVS.
               SRI.P.BENNY THOMAS
               SRI.D.PREM KAMATH
               SRI.TOM THOMAS (KAKKUZHIYIL)
               SHRI.ABEL TOM BENNY
               SHRI.JYOTHISH KRISHNA
               SMT.MEENAKSHY S DEV
               SHRI.AHAMMAD SACHIN K.
               SHRI.KURIAN OOMMEN THERAKATH

RESPONDENTS:

      1        THE REGIONAL JOINT LABOUR COMMISSIONER
               CIVIL STATION,KAKKANAD,ERNAKULAM-682030.

      2        MR.V.O.SHAJI,
               GENERAL SECRETARY,INSTANT TEA EMPLOYEES
               UNION,REG.NO.235/79,
               AFFILIATED TO CITU,MUNNAR.P.O,
               IDUKKI-685612.

      3        MR.BONEY BOSE JOHN,
               PRESIDENT,INSTANT TEA EMPLOYEES CONGRESS,INSTANT TEA
               DIVISION,
               REG.NO.06-01/2005,AFFILIATED TO INTUC,
               IV/13668.MUNNAR.P.O,IDUKKI-685612.

      4        MR.M.Y.OUSEPH,
               GENERAL SECRETARY,TATA-FINLAY EMPLOYEE'S
               ASSOCIATION,AFFILIATED TO THE
               AITUC,REG.NO.173/66,MUNNAR.P.O,
               IDUKKI-685612.

      5        MR.V.N.RAVEENDRAN,
               WORKING PRESIDENT,INSTANT TEA EMPLOYEES
               SANGH(BMS),AFFILIATED TO BHARATHEEYA MAZDOOR SANGH,
 WP(C).No.2776 OF 2021(V)

                               2

             REG.NO.TU 119030,HEAD OFFICE-MUNNAR,IDUKKI-685612.




             GP-- SMT POOJA SURENDRAN .

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.2776 OF 2021(V)

                                   3

                             JUDGMENT

Dated this the 3rd day of February 2021

By the instant petition, the petitioner has challenged the

communication at Ext.P12 issued by the 1 st respondent Regional Joint

Labour Commissioner during the course of conciliation proceedings.

2. The learned counsel for the petitioner submits that the

1st respondent had no powers to issue direction as contended in

communication at Ext.P12 during the course of conciliation

proceedings conducted by him. According to the learned counsel for

the petitioner, discussion on long term settlement was going on before

the 1st respondent and during the course of conciliation proceedings,

without there being any authority of law, the 1 st respondent has

instructed the petitioner that 24/7 duty system should not be

implemented till 09.02.2021.

3. The learned Government Pleader appearing for the 1st

respondent submitted that the 1st respondent has not issued any

direction. Whatever is stated in the communication at Ext.P12 is mere

suggestion of the 1st respondent which is not binding on the petitioner.

According to the learned Government Pleader, the petitioner is free to

act as per his own choice and the petitioner may not comply with the

instructions given in Ext.P12 communication. WP(C).No.2776 OF 2021(V)

4. Accepting the statement made by the learned Government

Pleader on behalf of 1st respondent which is to the effect that the

petitioner is free to take his own decision in respect of 24/7 duty

system and that he is not bound to maintain the status quo, the

petition closed.

Sd/-

A.M.BADAR Nsd //true copy// JUDGE PA to Judge WP(C).No.2776 OF 2021(V)

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE LICENSE ISSUED TO THE UNIT.

EXHIBIT P2 TRUE COPY OF THE LICENSE ISSUED BY THE FACTORIES AND BOILERS DEPARTMENT.

EXHIBIT P3 TRUE COPY OF THE APPEAL PUT UP THE PETITIONER DATED 11.12.2019.

EXHIBIT P4 TRUE COPY OF THE APPEAL PUT UP BY THE PETITIONER DATED 28.12.2019.

EXHIBIT P5 TRUE COPY OF THE APPEAL PUT UP BY THE PETITIONER DATED 01.01.2020

EXHIBIT P6 TRUE COPY OF THE APPEAL PUT UP BY THE PETITIONER DATED 14.01.2020.

EXHIBIT P7 TRUE COPY OF THE APPEAL PUT UP BY THE PETITIONER DATED 28.05.2020.

EXHIBIT P8 TRUE COPY OF THE APPEAL PUT UP BY THE PETITIONER DATED 03.06.2020.

EXHIBIT P9 TRUE COPY OF THE APPEAL PUT UP BY THE PETITIONER DATED 05.06.2020.

EXHIBIT P10 TRUE COPY OF THE NOTICE DATED 28.01.2021 PUBLISHED BY THE PETITIONER.

EXHIBIT P11 TRUE COPY OF THE NOTICE DATED 07.01.2021 ISSUED BY THE PETITIONER.

EXHIBIT P12 A TRUE COPY OF THE NOTICE DATED 29.01.2021 CONTAINING THE DIRECTION.