Kerala High Court
Natural Wood And Veneers Private ... vs Natural Wood And Veneers Workers Union on 24 February, 2025
Author: Murali Purushothaman
Bench: Murali Purushothaman
2025:KER:15630
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
MONDAY, THE 24TH DAY OF FEBRUARY 2025 / 5TH PHALGUNA, 1946
WP(C) NO. 1758 OF 2025
PETITIONER:
NATURAL WOOD AND VENEERS PRIVATE LIMITED
VETTIKKAL P.O, VIA MULANTHURUTHY, ERNAKULAM, REPRESENTED
BY ITS MANAGING DIRECTOR PHILIP CYRIAC,
PIN - 682 314.
BY ADVS.
P.RAMAKRISHNAN
PREETHI RAMAKRISHNAN (P-212)
PRATAP ABRAHAM VARGHESE
MANOJKUMAR G.
ASHOK MENON
RESPONDENTS:
1 NATURAL WOOD AND VENEERS WORKERS UNION
REG.NO. 07/07/2011, PULIKKAMALY PO, MULANTHURUTHY,
ERNAKULAM, REPRESENTED BY ITS GENERAL SECRETARY,
PIN - 682 314.
2 THE DISTRICT LABOUR OFFICER
OFFICE OF THE DISTRICT LABAOUR OFFICER, CIVIL STATION,
KAKKANAD, ERNAKULAM, PIN - 682 030.
BY ADVS.
S.KRISHNA MOORTHY(ERNAKULAM)
BALAGOPALAN B.(K/000006/2022)
V.KRISHNAN KUTTY(K/001652/2021)
PRABHAKARAN MARAR K.V.(K/35/2011)
SREEDEVI RADHAKRISHNAN(K/1047/2007)
SHEEJA C.S., SENIOR GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24.02.2025, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO.1758 OF 2025 : 2 :
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JUDGMENT
The petitioner is a company incorporated under
the Companies Act, 1956. The petitioner has filed this
writ petition for a direction to the 2 nd respondent to
submit a report under Section 12(4) of the Industrial
Disputes Act, 1947 (for short, 'I.D Act') on the issue
referred to in Ext.P5 notice.
2. Ext.P2 is the settlement signed by the
representative of the petitioner and the 1 st respondent
union. Ext.P3 is the conciliation settlement in Form H
as per Rule 59 of the Kerala Industrial Disputes Rule,
1957. Alleging violation of Ext.P3, Ext.P4 complaint
was preferred by the 1st respondent union before the
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2nd respondent. On receipt of Ext.P4, the 2 nd
respondent issued Ext.P5 notice dated 21.10.2024
calling for a conciliation meeting.
3. The petitioner contends that the attempted
conciliation by the 2nd respondent has ended in
failure. However, the 2nd respondent has not so far
submitted a failure report as envisaged under Section
12(4) of the I.D Act. It is further stated that the 1 st
respondent has issued communication that they will go
for an indefinite strike if their demands are not met.
It is in the said circumstances, the petitioner has filed
this writ petition for the following reliefs:-
" a) A writ of madamus or other
appropriate writ or order directing the 2 nd
respondent to submit a report under
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Section 12(4) of the Industrial Disputes Act
1947 on the issue referred to in Exhibit P-
5 notice.
b) Hold that the failure on the part of
the 2nd respondent to conclude the
conciliation proceedings initiated on the
basis of Exhibit P-4 complaint is arbitrary
and illegal,"
4. A counter affidavit has been filed on behalf
of the 1st respondent wherein it is stated that the
District Labour Officer has already initiated
proceedings under Section 29 of the I.D Act as could
be seen from Ext.R1(b) and that the conciliation
initiated pursuant to Ext.P5 is totally unnecessary in
view of Ext.R1(b).
5. This Court, by order dated 10.02.2025,
directed the learned Government Pleader to get
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instructions as to the status of conciliation proceedings
referred to in Ext.P5.
6. The learned Government Pleader has handed
over a copy of the letter No.B/6010/2023 dated
18.02.2025 issued by the 2nd respondent to the 1st
respondent informing that the remedy of the 1 st
respondent in respect of the grievance raised by them
is to file complaint before the Labour Court under
Section 33-C(2) of the I.D Act.
In the light of the said communication, it is for
the District Labour Officer to pass consequential
proceedings under Section 12 of the I.D Act, as
expeditiously as possible, at any rate, within a period
of one month from the date of receipt of a certified
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copy of this judgment. All the contentions of the
parties are left open.
The writ petition is disposed of.
Sd/-
MURALI PURUSHOTHAMAN
JUDGE
SRJ
2025:KER:15630
APPENDIX OF WP(C) 1758/2025
PETITIONER'S EXHIBITS
EXHIBIT P-1 TRUE COPY OF DEMAND NOTICE DATED 30/1/2023
ISSUED BY THE 1ST RESPONDENT UNION.
EXHIBIT P-2 TRUE COPY OF SETTLEMENT DATED 12/10/2023 SIGNED
BY THE REPRESENTATIVES OF THE PETITIONER AND THE
1ST RESPONDENT WITH ITS TYPED COPY.
EXHIBIT P-3 TRUE COPY OF SETTLEMENT DATED 12/10/2023 IN FORM
H.
EXHIBIT P-4 TRUE COPY OF COMPLAINT DATED 6/9/2024 SUBMITTED
BY THE 1ST RESPONDENT BEFORE THE 2ND
RESPONDENT.
EXHIBIT P-5 TRUE COPY OF NOTICE DATED 21/10/2024 FROM THE
2ND RESPONDENT TO THE PETITIONER.
EXHIBIT P-6 TRUE COPY OF NOTICE DATED 1/1/2025 ISSUED BY THE
1ST RESPONDENT.
RESPONDENTS' EXHIBITS
EXHIBIT R1 (a) A TRUE COPY OF THE MINUTES OF THE MEETING HELD
ON 23.01.2025.
EXHIBIT R1 (b) A TRUE COPY OF THE ABOVE SHOW CAUSE NOTICE
DATED 24.01.2025 ISSUED BY THE DISTRICT LABOUR
OFFICER, HANDED OVER TO THIS RESPONDENT FOR
INFORMATION ALONG WITH TYPED COPY.
