Anu Gas Agencies vs Deputy Labour Commissioner
2024 Latest Caselaw 29187 Ker

Citation : 2024 Latest Caselaw 29187 Ker
Judgement Date : 10 October, 2024

Kerala High Court

Anu Gas Agencies vs Deputy Labour Commissioner on 10 October, 2024

Author: N.Nagaresh

Bench: N.Nagaresh

                                           2024:KER:75465

        IN THE HIGH COURT OF KERALA AT ERNAKULAM

                        PRESENT

          THE HONOURABLE MR.JUSTICE N.NAGARESH

  THURSDAY, THE 10TH DAY OF OCTOBER 2024 / 18TH ASWINA,

                          1946

                WP(C) NO. 21399 OF 2024

PETITIONER:

         ANU GAS AGENCIES,
         AUTHORISED INDIAN LPG DISTRIBUTOR HOSPITAL
         ROAD, CHAVAKKAD, THRISSUR,
         REP. BY ITS MANAGING PARTNER, PIN - 680506


         BY ADVS.
         K.B.GANGESH
         SMITHA CHATHANARAMBATH
         ATHIRA A.MENON
         HARISANKAR.K.V.




RESPONDENTS:

    1    DEPUTY LABOUR COMMISSIONER,
         OFFICE OF THE DEPUTY LABOUR COMMISSIONER
         UDAYANAGAR, CHEMBUKKAVU,
         THRISSUR, PIN - 680005

    2    DISTRICT LABOUR OFFICER,
         OFFICE OF THE DISTRICT LABOUR OFFICER,
         CIVIL STATION, AYYANTHOLE,
         THRISSUR, PIN - 680003
                                            2024:KER:75465
WP(C) NO. 21399 OF 2024

                             2

    3     ASSISTANT LABOUR OFFICER,
          OFFICE OF THE ASSISTANT LABOUR OFFICER,
          MINI CIVIL STATION, CHAVAKKAD,
          PIN - 680506

    4     THRISSUR DISTRICT GAS & PETROLEUM WORKERS UNION
          (CITU),
          MACHINGAL LANE, MG ROAD,
          THRISSUR,
          REP.BY ITS SECRETARY, PIN - 680001

 ADDL R5 REGIONAL JOINT LABOUR COMMISSIONER,
         OFFICE OF THE REGIONAL JOINT LABOUR
         COMMISSIONER,
         CIVIL STATION, THRIKKAKARA,
         KAKKANAD,
         ERNAKULAM DISTRICT - 682030

          [ADDL R5 IS IMPLEADED AS PER ORDER DATED
          09.09.2024 IN I.A 1/2024 IN WP(C) 21399/2024



          SMT.RESMI THOMAS,GOVERNMENT PLEADER

     THIS WRIT PETITION (CIVIL) HAVING COME UP           FOR
ADMISSION ON 10.10.2024, THE COURT ON THE SAME           DAY
DELIVERED THE FOLLOWING:
                                                        2024:KER:75465
WP(C) NO. 21399 OF 2024

                                    3



                              JUDGMENT

Dated this the 10th day of October, 2024

The petitioner, a Gas Agency distributing LPG

cylinders, has approached this Court seeking the following

reliefs:-

"i) a declaration that the delivery boys of LPG cylinders are duty bound to transport LPG cylinders in the mechanized vehicle provided by the distributor as part of their job for the minimum wages prescribed in Ext.P2 notification;

ii) Writ of mandamus or any other appropriate writ, order or commanding the 2nd respondent to refer the dispute raised by the 4th respondent in Ext. P4 complaint to the 1st respondent forthwith for a decision on merits;

iii) Writ of mandamus or any other appropriate writ, order or direction commanding the 1st respondent to decide the dispute raised in Ext P5 complaint by the 4 th respondent on merits of the hearing the petitioner and the 4th respondent within a time frame as fixed by this Hon'ble Court."

2024:KER:75465 WP(C) NO. 21399 OF 2024

2. The petitioner states that an agreement was

arrived at between the petitioner and Indian Oil Corporation

on 14.12.2021 for distribution rates, which is not renewed

and consequently the employees are not willing to work.

3. After hearing the petitioner and the Government

Pleader, I find that this is a headload workers' dispute

involving payment of wages.

4. The Government Pleader submits that the 4th

respondent-Trade Union has raised a dispute in this regard

before the District Labour Officer. On failure to arrive at an

amicable settlement, the District Labour Officer has referred