Asianet Staff Association vs Labour Commissioner
2021 Latest Caselaw 792 Ker

W.P.(C) No.27393/2020             1

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE MR. JUSTICE A.M.BADAR

    FRIDAY, THE 08TH DAY OF JANUARY 2021 / 18TH POUSHA, 1942

                      WP(C).No.27393 OF 2020(Y)


PETITIONER:

               ASIANET STAFF ASSOCIATION
               REG.NO.01-01-2010, SENA BHAVAN, VADAKKENADA,
               FORT P.O., THIRUVANANTHAPURAM- 23 REPRESENTED BY
               ITS GENERAL SECRETARY SRI.ANIL KUMAR K.,
               S/O.KRISHNANKUTTY NAIR.

               BY ADV. JELSON J.EDAMPADAM

RESPONDENTS:

      1        LABOUR COMMISSIONER
               GOVERNMENT OF KERALA, THOZHIL BHAVAN,
               THIRUVANANTHAPURAM - 695 001.

      2        ASIANET SATELLITE COMMUNICATIONS PRIVATE LTD.
               REPRESENTED BY ITS DEPUTY VICE PRESIDENT (HR & IR),
               2ND FLOOR, CARNIVAL TECHNOPARK, TECHNOPARK CAMPUS,
               THIRUVANANTHAPURAM - 695 023.

               R1 BY SMT.POOJA SURENDRAN, GOVERNMENT PLEADER
               R2 BY ADVS.SAJI VARGHESE
                          SMT.MARIAM MATHAI


     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
08.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C) No.27393/2020               2

                                JUDGMENT

Dated this the 8th day of January 2021

Heard learned counsel appearing for parties.

2. A writ of mandamus is claimed for directing a Private

Limited Company to frame transfer policy. Learned counsel for the

petitioner submits that the petitioner will take recourse to

appropriate remedies for getting this relief.

3. The other issue involved in this writ petition is pendency

of representation at Ext.P9 filed by the petitioner with the

1st respondent. Learned Government Pleader submits that the said

representation shall be decided within a period of one month.

In this view of the matter, this writ petition is disposed of with

a direction to the 1st respondent to decide the representation at

Ext.P9 within a period of two months from today, after hearing all

affected parties.

Sd/-

A.M.BADAR

JUDGE

smp

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 THE TRUE COPY OF THE MEMORANDUM OF SETTLEMENT OF DISPUTES EXECUTED BETWEEN THE PETITIONER AND THE 2ND RESPONDENT DATED 25TH OF SEPTEMBER 2017.

EXHIBIT P2 THE TRUE COPY OF THE MINUTES OF THE MEETING HELD ON 6TH OF OCTOBER 2018 BETWEEN THE PETITIONER AND THE RESPONDENTS.

EXHIBIT P3 THE TRUE COPY OF THE LETTER ISSUED BY THE PETITIONER TO THE 11TH NOVEMBER 2019 TO THE 1ST RESPONDENT.

EXHIBIT P4 THE TRUE COPY OF THE LETTER ISSUED BY THE PETITIONER TO THE 1ST RESPONDENT DATED 26TH OF FEBRUARY 2020.

EXHIBIT P5 THE TRUE COPY OF THE LETTER ISSUED BY THE PETITIONER TO THE 1ST RESPONDENT DATED 3RD OCTOBER, 2020.

EXHIBIT P6 THE TRUE COPY OF THE SUGGESTIONS OF THE 2ND RESPONDENT COMPANY WITH RESPECT TO TRANSFER POLICY SUBMITTED TO THE 1ST RESPONDENT.

EXHIBIT P7 THE TRUE COPY OF THE SUGGESTIONS OF THE PETITIONER WITH RESPECT TO TRANSFER POLICY SUBMITTED TO THE 1ST RESPONDENT.

EXHIBIT P8 THE TRUE COPY OF THE TRANSFER AND POSTING ORDER DATED 24TH NOVEMBER, 2020 ISSUED BY THE 2ND RESPONDENT COMPANY.

EXHIBIT P9 THE TRUE COPY OF THE REPRESENTATION ISSUED BY THE PETITIONER TO THE 1ST RESPONDENT DATED 28TH NOVEMBER, 2020. RESPONDENTS' EXHIBITS: NIL.

True Copy

P.S to Judge

smp