C.O.Johnson vs The Chief Plant Manager, Indian ...
2022 Latest Caselaw 9790 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                          PRESENT
        THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
   FRIDAY, THE 26TH DAY OF AUGUST 2022 / 4TH BHADRA, 1944
                   WP(C) NO. 4727 OF 2014
PETITIONER/S:

         C.O.JOHNSON
         PROPRIETOR, GLOBAL CONSTRUCTION COMPANY,
         MARUTHAYATH BUILDING, 3RD FLOOR, PALLIMUKKU,
         KUNDARA P.O., KOLLAM-691 501.
         BY ADV SRI.P.RAMAKRISHNAN
RESPONDENT/S:
    1     THE CHIEF PLANT MANAGER, INDIAN OIL CORPORATION
          LIMITED
          INDIAN OIL CORPORATION LIMITED, INDANE BOTTLING
          PLANT, CHELARI P.O., THENHIPALAM, MALAPPURAM
          DISTRICT-673 636.
    2     KERALA PETROLEUM AND GAS WORKERS UNION CITU
          EMS MANDIRAM, KALABHAVAN ROAD, ERNAKULAM NORTH,
          KOCHI-18, REPRESENTED BY ITS GENERAL SECRETARY P.
          RAGHAVAN.
    3     INDIAN LABOUR CONGRESS INTUC
          CHELARI, THENHIPALAM, MALAPPURAM-673 636.
    4     INDIAN CONTRACT EMPLOYEES UNION
          INDIAN OIL CORPORATION LIMITED, KERALA STATE
          OFFICE, PANAMPILLY AVENUE, PANAMPILLY NAGAR P.O.,
          KOCHI-683 036, REPRESENTED BY ITS GENERAL
          SECRETARY SUKHALAL.
    5     THE ASSISTANT LABOUR COMMISSIONER CENTRAL
          KAKKANAD, KOCHI-682 030.
          BY ADVS.
          P.BENNY THOMAS
          M.GOPIKRISHNAN NAMBIAR
          P.GOPINATH (SR.)
          K.JOHN MATHAI
OTHER PRESENT:
          ASSISTANT SOLICITOR GENERAL SRI.S. MANU


    THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 26.08.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
 W.P.C. No. 4727 of 2014                                  -2-




                         MOHAMMED NIAS C.P.,J.
               ................................................................
                          W.P.C. No. 4727 of 2014
               ...............................................................

                Dated, this the 26th day of August, 2022

                                     JUDGMENT

The above Writ Petition is filed seeking the following reliefs:

a) Declare that the strike proposed by the 4 th respondent at

the Bottling Plant of the Ist respondent at Chelari,

Malappuram as per Ext. P7 is illegal,

b) Issue a writ of mandamus or other appropriate writ or

order directing 5th respondent to sent forthwith a report as

envisaged in Section 12 (4) of the Industrial Disputes Act on

the dispute raised by respondents 2 to 4

c) to issue such other writ, order or direction as are

deemed just and proper on the facts and circumstances of

the case.

2. The learned counsel for the petitioner submitted that the 2 nd

prayer to direct the 5th respondent to sent forthwith a report as

envisaged in Section 12 (4) of the Industrial Disputes Act on the

dispute raised by respondents 2 to 4 still survives. Today, when the

matter is taken up, the learned Assistant Solicitor General submits that

a report under Section 12 (4) of the Industrial Disputes Act has been

forwarded to the Secretary, Ministry of Labour and Employment,

government of India on 7-3-2014.

Recording the above submission, this Writ Petition is closed.

Sd/-MOHAMMED NIAS C.P., JUDGE.

ani/

/true copy/

APPENDIX OF WP(C) 4727/2014

PETITIONER EXHIBITS EXHIBIT P1.TRUE COPY OF LETTER OPF INTENT DATED 15/1/2013 ISSUED IN THE PETITIONERS NAME.

EXHIBIT P2.TRUE COPY OF MINUTES OF THE MEETING HELD ON 11/2/2013.

EXHIBIT P3.TRUE COPY OF MINUTES OF THE MEETING HELD ON 25/2/2013.

EXHIBIT P4.TRUE COPY OF INTERIM ORDER DATED 12/4/2013 IN WPC NO.4575/2013.

EXHIBIT P5.TRUE COPY OF MINUTES OF THE MEETING HELD ON 20/6/2013.

EXHIBIT P6.TRUE COPY OF MINUTES OF THE MEETING HELD ON 4/2/2014.

EXHIBIT P7.TRUE COPY OF NOTICE DATED 7/2/2013 ISSUED BY THE 2ND RESPONDENT