Kerala High Court
Jobi P.G. vs The Union Of India on 19 March, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
FRIDAY, THE 19TH DAY OF MARCH 2021 / 28TH PHALGUNA, 1942
WP(C).No.7112 OF 2021(L)
PETITIONERS:
1 JOBI P.G., AGED 42 YEARS
S/O. GEORGE P.K, PADINJARETHALA HOUSE, KURIACHIRA
P.O, PUSHPAGIRI ROAD, VALARKAVU, THRISSUR - 06.
2 SAJAN K R, AGED 36 YEARS
S/O. RAMDAS K.V, KOZHIPARAMBIL HOUSE, VADOOKARA P.O,
S.N. NAGAR, KOORCKANCHERY, THRISSUR - 680007.
3 GEO MICHAEL C., AGED 33 YEARS
S/O. LATE MICHAEL, CHIRAMEL HOUSE, ROSE GARDEN,
CHIYYARAM SOUTH, MUNAYAM, THRISSUR - 26.
4 NAVEEN P.V., AGED 38 YEARS
S/O. VASUDEVAN P.K, PULLUNDY HOUSE, ASRAMAM VIA,
PARALAM P.O, VEGENESSERY, THRISSUR - 680563.
5 NIJO JOSE, AGED 33 YEARS
S/O. LATE MP JOSE, MANAGAN HOUSE, KIZHAKKUMPATTUKARA
ROAD, EAST FORT P.O, THRISSUR - 680005.
6 CHANDRAN T.P., AGED 65 YEARS
S/O. PAZHANI, THARAMCODE VEEDU, KALLUR, MANKARA,
PALAKKAD - 678613.
7 AKASH P. ASOKAN, AGED 26 YEARS
S/O. P ASHOKAN, PARANGANATTU HOUSE, KAIPARAMBU P.O,
THRISSUR - 680546.
8 ROBIN PAUL, AGED 32 YEARS
S/O. LATE PAUL MI, MURIYADAN HOUSE, OLLUKKARA P.O,
PARAVATTANI, THRISSUR - 680655.
9 MIDHUN MOHAN, AGED 25 YEARS
S/O. MOHANAN, VETTIPLAVIL HOUSE, ALPARA P.O, KOTTAYAM
- 686544.
10 KRISHNANKUTTY, AGED 61 YEARS
S/O. NARAYANAN, YADHUKULAM, OMALLUR P.O,
PATHANAMTHITTA - 689647.
WP(C).No.7112 OF 2021(L)
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SRI.P.CHANDRASEKHAR
SRI.C.V.MANUVILSAN
SMT.SHEEBA G
SRI.O.A.ANJU
SHRI.SARATH KRISHNAN T.
RESPONDENTS:
1 THE UNION OF INDIA
REPRESENTED BY THE SECRETARY OF THE DEPARTMENT OF
LABOUR, MINISTRY OF LABOUR AND EMPLOYMENT, MAN
SINGH ROAD, NIRMAN BHAWAN, GOVERNMENT OF INDIA,
NEW DELHI - 110011.
2 LABOR COMMISSIONER
THOZHIL BHAVAN, VIKAS BHAVAN, PMG.
THIRUVANANTHAPURAM, KERALA - 695033.
3 THE DEPUTY LABOUR COMMISSIONER(C)
OFFICE OF THE DY.CLC(C) KENDRIYASHRAMSADAN,
OLIMUGHAL, KAKKANAD, KOCHI - 682030.
4 ASSISTANT LABOUR COMMISSIONER(CENTRAL)
KENDRIYASHRAMSADAN, KAKKANAD, KOCHI - 682030.
5 SOUTH INDIAN BANK LTD,
REPRESENTED BY THE MANAGER, HEAD OFFICE, T.B. ROAD,
MISSION QUARTERS, THRISSUR - 680001.
SMT.POOJA SURENDRAN-GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
19.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.7112 OF 2021(L)
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JUDGMENT
Dated this the 19th day of March 2021
The petitioners have approached this Court seeking a
direction to the first respondent - Union of India, to consider
Exts.P2 and P3 and refer the issues raised by them therein, as
an Industrial Dispute to the concerned Labour
Court/Industrial Tribunal without any further delay.
2. Sri.Benny P.Thomas, learned counsel appearing for
the fifth respondent - South Indian Bank, submitted that he
does not stand in the way of an appropriate order being
issued in this case, because the petitioners have only sought
that an Industrial Dispute be raised.
3. The learned Assistant Solicitor General of India,
appearing on behalf of respondents 1 to 4, also submitted
that if the petitioners only require Exts.P2 and P3 to be
disposed of by the first respondent appropriately, necessary
action can be completed without any further delay.
In the afore circumstances, I order this writ petition and
direct the first respondent to take up Exts.P2 and P3 and
dispose of the same; and if it is found necessary to refer the
WP(C).No.7112 OF 2021(L)
disputes to the appropriate Courts/Tribunal, then they will do
so as expeditiously as is possible, but not later than three
months from the date of receipt of a copy of this judgment.
Sd/- DEVAN RAMACHANDRAN
Stu JUDGE
WP(C).No.7112 OF 2021(L)
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 A TRUE PHOTOCOPY OF THE APPLICATION SUBMITTED BY
THE PETITIONERS THROUGH ONLINE.
EXHIBIT P2 A TRUE COPY OF THE FAILURE REPORT DATED
09.02.2021.
EXHIBIT P3 A TRUE COPY OF THE FAILURE REPORT IN RESPECT OF
THE INDUSTRIAL DISPUTE ROSE BY THE 10TH
PETITIONER.
