Kerala High Court
Shobin.M vs The State Of Kerala on 6 July, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE S.V.BHATTI
&
THE HONOURABLE MR.JUSTICE BASANT BALAJI
WEDNESDAY, THE 6TH DAY OF JULY 2022 / 15TH ASHADHA, 1944
WA NO. 533 OF 2022
WP(C) 11500/2022 OF HIGH COURT OF KERALA
APPELLANT/S:
1 SHOBIN.M.,
AGED 36 YEARS
S/O. MANI,WORKER (P.F. NO. 2858),
HARRISONS MALAYALAM LIMITED, KONNI ESTATE WEST
DIVISION, RESIDING AT KALLELI THOTTAM, KALLELI
THOTTAM P.O., KONNI, PATHANAMTHITTA DISTRICT - 689
691.
2 R.BAIJU,
AGED 39 YEARS
S/O. RAJU, WORKER (P.F. NO. 2860),HARRISONS
MALAYALAM LIMITED, KONNI ESTATE WEST DIVISION,
RESIDING AT KALLELI THOTTAM, KALLELI THOTTAM P.O.,
KONNI, PATHANAMTHITTA DISTRICT - 689 691.
3 SHAMEER MUHAMMED,
AGED 31 YEARS
S/O.MUHAMMED HANEEFA, WORKER (P.F. NO. 2861),
HARRISONS MALAYALAM LIMITED, KONNI ESTATE WEST
DIVISION, RESIDING AT KALLELI THOTTAM, KALLELI
THOTTAM P.O., KONNI, PATHANAMTHITTA DISTRICT - 689
691.
4 BINOY R.,
AGED 37 YEARS
S/O. RENJAN, WORKER (P.F. NO. 2864), HARRISONS
MALAYALAM LIMITED, KONNI ESTATE WEST DIVISION,
RESIDING AT KALLELI THOTTAM,KALLELI THOTTAM P.O.,
KONNI, PATHANAMTHITTA DISTRICT - 689 691.
WA NO. 533 OF 2022
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5 MONCY THOMAS,
AGED 37 YEARS
S/O. MOHANAN, WORKER (P.F.NO.2865), HARRISONS
MALAYALAM LIMITED, KONNI ESTATE WEST DIVISION,
RESIDING AT KALLELI THOTTAM, KALLELI THOTTAM P.O.,
KONNI, PATHANAMTHITTA DISTRICT - 689 691.
6 SREEJA,
AGED 51 YEARS
W/O. SHANMUKAYYA, WORKER (P.F.NO.2870), HARRISONS
MALAYALAM LIMITED, KONNI ESTATE WEST DIVISION,
RESIDING AT KALLELI THOTTAM, KALLELI THOTTAM P.O.,
KONNI, PATHANAMTHITTA DISTRICT - 689 691.
7 SHAIJU S.,
AGED 33 YEARS
S/O. SAINABA, WORKER (P.F.NO.2878), HARRISONS
MALAYALAM LIMITED, KONNI ESTATE WEST DIVISION,
RESIDING AT KALLELI THOTTAM, KALLELI THOTTAM P.O.,
KONNI, PATHANAMTHITTA DISTRICT - 689 691.
8 SHERLY VARGHESE,
AGED 51 YEARS
W/O. JACOB, WORKER (P.F.NO.2884), HARRISONS
MALAYALAM LIMITED, KONNI ESTATE WEST DIVISION,
RESIDING AT KALLELI THOTTAM, KALLELI THOTTAM P.O.,
KONNI, PATHANAMTHITTA DISTRICT - 689 691.
9 MANJU @ MANIYAMMA,
AGED 42 YEARS
W/O. AJI, WORKER (P.F.NO.2889), HARRISONS
MALAYALAM LIMITED, KONNI ESTATE WEST DIVISION,
RESIDING AT KALLELI THOTTAM, KALLELI THOTTAM P.O.,
KONNI, PATHANAMTHITTA DISTRICT - 689 691.
10 RAJAN K.J.,
AGED 54 YEARS
H/O.PONNAMMA, WORKER (P.F.NO.2897), HARRISONS
MALAYALAM LIMITED, KONNI ESTATE WEST DIVISION,
RESIDING AT KALLELI THOTTAM, KALLELI THOTTAM P.O.,
KONNI, PATHANAMTHITTA DISTRICT - 689 691.
11 R.CHANDRANATHI,
AGED 37 YEARS
W/O. RAJAN, WORKER (P.F.NO.2893), HARRISONS
MALAYALAM LIMITED, KONNI ESTATE WEST DIVISION,
RESIDING AT KALLELI THOTTAM, KALLELI THOTTAM P.O.,
KONNI, PATHANAMTHITTA DISTRICT - 689 691.
WA NO. 533 OF 2022
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12 ANNAMMA PAULOSE,
AGED 44 YEARS
W/O. REJI, WORKER (P.F.NO.2905), HARRISONS
MALAYALAM LIMITED, KONNI ESTATE WEST DIVISION,
RESIDING AT KALLELI THOTTAM, KALLELI THOTTAM P.O.,
KONNI, PATHANAMTHITTA DISTRICT - 689 691.
13 MINI L.,
AGED 49 YEARS
W/O. JOLLY, WORKER (P.F.NO.2907) HARRISONS
MALAYALAM LIMITED, KONNI ESTATE WEST DIVISION,
RESIDING AT KALLELI THOTTAM, KALLELI THOTTAM P.O.,
KONNI, PATHANAMTHITTA DISTRICT - 689 691.
BY ADV E.S.ASHRAF
RESPONDENT/S:
1 THE STATE OF KERALA
REP. BY ITS SECRETARY TO GOVERNMENT, LABOUR AND
SKILLS DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695001.
2 THE DISTRICT LABOUR OFFICER,
DISTRICT LABOUR OFFICE, PATHANAMTHITTA-689645.
3 THE GENERAL MANAGER,
HARRISONS MALAYALAM LTD., KONNI ESTATE, KONNI -
689 691.
BY ADVS.M.GOPIKRISHNAN NAMBIAR
K.JOHN MATHAI
JOSON MANAVALAN
KURYAN THOMAS
PAULOSE C. ABRAHAM
RAJA KANNAN
OTHER PRESENT:
GP P.M. SHAMEER
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON
06.07.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WA NO. 533 OF 2022
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S.V.BHATTI
& BASANT BALAJI, JJ.
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W.A. NO. 533 OF 2022
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JUDGMENT
(Dated this the 6th day of July 2022)
Basant Balaji J.,
The appellants are the petitioners in W.P.(C)
No.11500 of 2022, which was filed with the following
prayers:
"(i) Issue a writ of mandamus commanding the 2 nd
respondent to take further action on Ext.P5 for
conciliation and on failure to refer the dispute to
the 1st respondent for adjudication in accordance
with law.
(ii) Issue a writ order or direction commanding
the 2nd respondent to issue appropriate direction to
the 3rd respondent to keep in abeyance any steps
WA NO. 533 OF 2022
for regularisation of workers on the basis of
Ext.P4 decision pending finalisation of further
proceedings pursuant to Ext.P5.
(iii) Declare that any action to implement Ext.P4
pending further proceedings as per Ext.P6 is
unjust, arbitrary and unenforceable.
(iv) To call for the records leading to Ext.P4 and
quash the original of the same as the same is
collusive and arrived in gross violation of the
principles of natural justice."
2. The learned single Judge, by the impugned
judgment, held that since the hearing is already been
conducted by the management for regularisation, the WP is
wholly premature and dismissed.
3. The appellants are temporary workers attached to
Harrisons Malayalam Limited, Konny estate. In the matter
of regularisation of their service, dispute was raised for
adjudication and it is pending before the 2 nd respondent. It
WA NO. 533 OF 2022
is the case of the appellants that while the conciliation
proceedings are going on, there is an attempt to bypass the
conciliation proceedings and to regularise workers in
violation of existing norms and procedures. Ext.P1 is the
memorandum of settlement entered into between the
management and trade union representatives on
12.10.2012. As they attempted to regularise some workers
in violation of Ext.P1 memorandum, there was strike in the
estate and the management conducted meetings with the
unit bearers of the different unions on 14.10.2021 and
agreed to give effect to regularisation in accordance with
PF number seniority only and the seniority list was
prepared and approved by all Unions. The seniority lists
are produced as Ext.P3 and P3(a).
WA NO. 533 OF 2022
4. The appellants further state that in deviation to
Ext.P3, another memorandum of conciliation was arrived at
during the conciliation meeting held on 24.11.2021 behind
the back of the appellants. Therefore, Ext.P5 petition was
submitted before the second respondent and notice was
issued for conciliation on 5.2.2022. The appellants
attended the conciliation meeting held on 5.2.2022 but the
Management representatives and union representatives did
not attend the meeting.
5. On 5.7.2022 when this case was heard, the learned
Government pleader was directed to get instructions as to
the present stage of conciliation proceedings pending
before the 2nd respondent, for which Ext.P6 was issued.
Today, the learned Government Pleader submits that the
WA NO. 533 OF 2022
meeting is scheduled to 14.7.2022 and it has been already
informed to the appellants as well as the Management to
appear on that day.
6. Since the 2nd respondent is seized of the matter and
conciliation proceedings are going on, the Writ Appeal can
be disposed of directing 2nd respondent to do conciliation
and to arrive at a finality on or before 31st July 2022.
The Writ Appeal is disposed of accordingly.
Sd
S.V.BHATTI,
JUDGE
sd
BASANT BALAJI,
JUDGE
dl/
