Vishnu Das G vs State Of Kerala
2022 Latest Caselaw 2201 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                  THE HONOURABLE MR. JUSTICE AMIT RAWAL
    THURSDAY, THE 24TH DAY OF FEBRUARY 2022 / 5TH PHALGUNA, 1943
                          WP(C) NO. 5043 OF 2022
PETITIONER:

              VISHNU DAS G.
              AGED 59 YEARS
              S/O. GOPALAN, GENERAL SECRETARY,
              MALABAR CEMENTS EMPLOYEES ASSOCIATION (INTUC), WALAYAR,
              PALAKKAD 678 624 RESDING AT THAZHATHU HOUSE,
              ROYAL GARDEN, KUPPIYOD ROAD,
              MARUTHA ROAD POST, PALAKKAD 678 007

              BY ADVS.
              K.T.THOMAS
              MATHEW BOB KURIAN
              NIKHIL BERNY


RESPONDENTS:

     1        STATE OF KERALA
              REPRESENTED BY SECRETARY TO GOVERNMENT,
              LABOUR AND SKILLS DEPARTMENT, SECRETARIAT,
              THIRUVANANTHAPURAM 695 001

     2        MALABAR CEMENTS LIMITED
              WALAYAR, PALAKKAD 678 624
              REPRESENTED BY ITS MANAGING DIRECTOR

     3        T.R RAJESH
              FOREMAN(INSTRUMENTATION),
              M/S. MALABAR CEMENTS LIMITED, WALAYAR,
              PALAKKAD, PIN 678 624

     4        MANOJ V
              FOREMAN(INSTRUMENTATION)
              M/S. MALABAR CEMENTS LIMITED, WALAYAR,
              PALAKKAD, PIN 678 624

     5        K.K JOSEPH
              FOREMAN (INSTRUMENTATION) M/S. MALABAR CEMENTS LIMITED,
              WALAYAR, PALAKKAD PIN 678 624
 WP(C) NO. 5043 OF 2022
                                    2


     6       T.S SATHEESHKUMAR
             FOREMAN (INSTRUMENTATION)
             M/S. MALABAR CEMENTS LIMITED,
             WALAYAR, PALAKKAD, PIN 678 624

     7       ANANDARAJ P
             FOREMAN (INSTRUMENTATION),
             M/S. MALABAR CEMENTS LIMITED,
             WALAYAR, PALAKKAD PIN 678 624

     8       GENERAL SECRETARY
             MCL EMPLOYEES UNION(CITU),
             C/O. MALABAR CEMENTS LIMITED,
             WALAYAR, PALAKKAD PIN 678 624

     9       GENERAL SECRETARY,
             MCL WORKERS UNION (AITUC)
             C/O. MALABAR CEMENTS LIMITED,
             WALAYAR, PALAKKAD PIN 678 624

             BY ADVS.
             P.V.ANOOP
             PHIJO PRADEESH PHILIP
             M.P.PRIYESHKUMAR
             K.V.SREERAJ




             SRI.JIMMY GEORGE G.P


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   24.02.2022,   THE   COURT   ON     THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO. 5043 OF 2022
                                 3


                           JUDGMENT

The prayer of the petitioner is for not considering the

application of the petitioner who is claiming to be the Secretary of

Indian National Trade Union Congress (INTUC) as the petitioner

was a party in a conciliation proceedings in respect of reversion of

five employees who are the claimants before the Labour Court to

the earlier post without appointment as Foreman. The conciliation

proceedings failed and matter reached the Labour Court. In the

Labour Court the workers are being represented by their counsel

against the management. However, an application Ext.P9(a) was

filed on behalf of the treasurer of the Malabar Cements Employees

Association (INTUC), Palakkad on the ground that they are proper

and necessary parties and no action has been taken on the

application. The application is stated to be dated 3.01.2022.

No copy of the orders of the Labour Court has been placed on

record to substantiate that whether Labour Court is entertaining

the application or any notice has been issued to the learned WP(C) NO. 5043 OF 2022

counsel representing the labourers. Writ petition is bereft of the

particulars and accordingly dismissed.

Sd/-

AMIT RAWAL JUDGE nak WP(C) NO. 5043 OF 2022

APPENDIX OF WP(C) 5043/2022

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE RECRUITMENT RULES OF THE MALABAR CEMENTS LTD

Exhibit P2 TRUE COPY OF THE MEMORANDUM OF SETTLEMENT DATED 20-07-2017 BETWEEN THE TRADE UNIONS AND MALABAR CEMENTS LTD

Exhibit P3 TRUE COPY OF THE REPRESENTATION DATED 25-

06-2020 SUBMITTED BY THE PETITIONER UNION

Exhibit P3A TRUE COPY OF ENGLISH TRANSLATION OF REPRESENTATION DATED 25-06-2020 SUBMITTED BY THE PETITIONER UNION

Exhibit P4 TRUE COPY OF THE OFFICE ORDER DATED 07-

08-2020 ISSUED BY 2ND RESPONDENT

Exhibit P5 TRUE COPY OF JUDGMENT DATED 30-07-2021 IN W.P9C0 NO. 16410/2020

Exhibit P6 TRUE COPY OF THE CONCILIATION PROCEEDINGS DATED 06-10-2021

Exhibit P6A TRUE COPY OF ENGLISH TRANSLATION OF THE CONCILIATION PROCEEDINGS DATED 06-10-2021

Exhibit P7 TRUE COPY OF THE CORRECTED CONCILIATION PROCEEDINGS DATED 11-10-2021

Exhibit P7A TRUE COPY OF THE ENGLISH TRANSLATION OF CORRECTED CONCILIATION PROCEEDINGS DATED 11-10-2021

Exhibit P8 TRUE COPY OF THE GAZETTE NOTIFICATION DATED 21-12-2021 ISSUED BY GOVERNMENT WP(C) NO. 5043 OF 2022

Exhibit P9 TRUE TYPED COPY OF IMPLEADING APPLICATION SUBMITTED BY PETITIONER UNION BEFORE LABOUR COURT, KOZHIKODE

Exhibit P9A TRUE COPY OF ENGLISH TRANSLATION OF IMPLEADING APPLICATION SUBMITTED BY PETITIONER UNION BEFORE LABOUR COURT, KOZHIKODE