Vineesh M.P vs Labour Commissioner
2021 Latest Caselaw 1440 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE MR. JUSTICE A.M.BADAR

    THURSDAY, THE 14TH DAY OF JANUARY 2021 / 24TH POUSHA, 1942

                      WP(C).No.28135 OF 2020(N)


PETITIONER:

               VINEESH M.P.,
               AGED 39 YEARS
               S/O.VIJAYAN,KUNIMMAL HOUSE,
               ANDALLUR,P.O,PALAYAD,KANNUR-670661.

               BY ADVS.
               SRI.KALEESWARAM RAJ
               SRI.VARUN C.VIJAY
               KUM.A.ARUNA
               SMT.MAITREYI SACHIDANANDA HEGDE

RESPONDENTS:

      1        LABOUR COMMISSIONER
               LABOUR COMMISSIONERATE,THOZHILBHAVAN,
               VIKASBHAVAN.P.O, THIRUVANANTHAPURAM-695033.

      2        DEPUTY LABOUR COMMISISONER,KANNUR,
               OFFICE OF THE DEPUTY LABOUR COMMISSIONER,
               SN PARK ROAD,KANNUR-670001.

      3        DISTRICT LABOUR OFFICER,KANNUR,
               OFFICE OF THE DISTRICT LABOUR OFFICER,
               CIVIL STATION,KANNUR-670002.


OTHER PRESENT:

               SMT. POOJA SURENDRAN, GOVT. PLEADER


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
14.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C) No.28135/2020               2


                              JUDGMENT

Dated this the 14th day of January 2021

The petitioner, a junior Clerk working with Dharmadam

Service Co-operative Bank, came to be dismissed from service

after regular departmental enquiry. He preferred an application

under Section 12 of the Industrial Disputes Act, 1948 raising an

industrial dispute and seeking conciliation. It is averred that there

is undue delay in the conciliation proceedings and because of the

delay, the petitioner who happens to be the sole breadwinner of

the family is suffering a lot. The petitioner is therefore praying for

directing the District Labour Officer, Kannur to complete the

conciliation proceedings and to submit the report if any to the

appropriate Government within a prescribed time frame.

2. Learned Government Pleader submits that this writ

petition can be disposed of with a direction to the 3 rd respondent

District Labour Officer to expedite the conciliation proceedings and

either to arrive at settlement of the dispute or to send failure

report to the appropriate Government.

3. I have considered the submissions so made. The

petitioner is a dismissed Junior Clerk and he had applied for

conciliation in the matter. It is the duty of the conciliation officer

to conciliate and either to settle the industrial dispute sought to be

raised or to submit failure report to the appropriate Government

which in turn is required to make an order of reference on arriving

at a conclusion that industrial dispute exists.

4. In the case in hand, the petitioner is a Junior Clerk

dismissed by his employer and as such, prima facie case is that of

industrial dispute. If the dispute cannot be settled in conciliation

proceedings, then, on receipt of failure report, appropriate

Government is duty bound to refer the same for adjudication to

the appropriate Court or Tribunal.

In the light of the foregoing discussions, this writ petition is

disposed of with a direction to the respondents to expedite the

conciliation proceedings and if settlement could not be arrived at,

then to consider reference of the industrial dispute to appropriate

Government for adjudication expeditiously and the appropriate

Government should thereafter, on arriving at the existence of

industrial disputes, refer the same to the appropriate court for

adjudication. Sd/-

A.M.BADAR

JUDGE smp

APPENDIX

PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE UNDATED APPOINTMENT ORDER ISSUED BY THE SECRETARY,DHARMADAM SERVICE CO-OPERATIVE BANK,THALASSERY.

EXHIBIT P2 TRUE COPY OF THE ORDER DATED 08.08.2017 ISSUED BY THE SECRETARY,DHARMADAM SERVICE CO-OPERATIVE BANK,THALASSERY

EXHIBIT P3 TRUE COPY OF THE ORDER DATED 08.08.2017 ISSUED BY THE SECRETARY,DHARMADAM SERVICE CO-OPERATIVE BANK,THALASSERY

EXHIBIT P4 TRUE COPY OF THE ORDER DATED 08.08.2017 ISSUED BY THE SECRETARY,DHARMADAM SERVICE CO-OPERATIVE BANK,THALASSERY

EXHIBIT P5 TRUE COPY OF THE CHARGE MEMO AND STATEMENT OF ALLEGATIONS DATED 27.09.2018 ISSUED BY THE CHAIRMAN,DISCIPLINARY SUBCOMMITTEE.

EXHIBIT P6 TRUE COPY OF THE REPLY DATED 13.10.2018 SUBMITTED BY THE PETITIONER

EXHIBIT P7 TRUE COPY OF THE ENQUIRY REPORT DATED 26.07.2019 SUBMITTED BY THE ENQUIRY OFFICER.

EXHIBIT P8 TRUE COPY OF THE NOTICE DATED 01.08.2019 ISSUED BY THE PRESIDENT,DHARMADAM SERVICE CO-OPERATIVE BANK,THALASSERY

EXHIBIT P9 TRUE COPY OF THE REPLY DATED 12.08.2019 FURNISHED BY THE PETITIONER.

EXHIBIT P10 TRUE COPY OF THE DISMISSAL ORDER DATED 01.10.2019 ISSUED BY THE PRESIDENT,DHARMADAM SERVICE CO-OPERATIVE BANK,THALASSERY

EXHIBIT P11 TRUE COPY OF THE APPEAL DATED 23.10.2019 SUBMITTED BY THE PETITIONER BEFORE THE BOARD OF DIRECTORS,DHARMADAM SERVICE CO- OPERATIVE BANK.

EXHIBIT P12 TRUE COPY OF THE PROCEEDING OF THE APPELLATE COMMITTEE,DHARMADAM SERVICE CO-OPERATIVE BANK, DATED 14.03.2020.

EXHIBIT P13 TRUE COPY OF THE PETITION UNDER SECTION 12 OF THE INDUSTRIAL DISPUTE ACT, 1948 FILED BY THE PETITIONER BEFORE THE DISTRICT LABOUR OFFICER, KANNUR.

RESPONDENTS' EXHIBITS: NIL.

True Copy

P.S to Judge

smp