Writ Petition directed the first respondent to pass appropriate orders on an application under Section 12 of the Industrial Dispute Act, 1947, within three months.
Directed the District Labour Officer to pass appropriate orders on the petitioner's application within three months.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE HARUN-UL-RASHID
THURSDAY, THE 13TH DAY OF DECEMBER 2012/22ND AGRAHAYANA 1934
WP(C).No. 7520 of 2012 (L)
PETITIONER(S):
------------------------P.A.PAPPACHAN,, S/O.ANTHO, PULIKKAL HOUSE, WESTERN SIDE OF KANNAMALI CHURCH, KIMBALANGI VILLAGE, GERERAL SECRETARY, HEADLOAD AND GENERAL WORKERS CONGRESS (INTUC), KANNAMALY,ERNAKULAM ,KOCHI - 8.
BY ADVS.SRI.A.X.VARGHESE SRI.A.V.JOJO
RESPONDENT(S):
---------------------------1. THE DISTRICT LABOUR OFFICER, CIVILSTATION, KAKKANADU, ERNAKULAM. PIN 682 030.
2. JENSON,
S/O.ANTONY,KIZHEKKEVEETTIL HOUSE,KANNAMALY P.O., KOCHI, PIN - 682 008.
3. MATHAPPAN, S/O.THOMMAN,ALUNKAL HOUSE, KANNAMALI.P.O., KOCHI 682 008.
4. VARKEY, S/O. PHILIC,THAYYIL HOUSE,KANNAMALI P.O., KOCHI PIN 682 008.
5. JOSEPH.P.P, S/O. PATHRO,PUTHENVEETTIL HOUSE,KANNAMALI P.O., KOCHI - 682 008.
R1 BY GOVERNMENT PLEADER SRI.G.GOPAKUMAR R2 &R3 BY ADVS. SRI.MOHAN IDICULLA ABRAHAM R2 &R3 SRI.MARTIN D.ALUMKARA R4&R5 BY ADVS. SRI.C.S.AJITH PRAKASH SRI.T.D.SALIM SRI.PAUL C. THOMAS
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13-12-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Kss
WPC.NO.7520/2012 L
APPENDIX
PETITIONER'S EXHIBITS:
EXT. P1 TRUE COPY OF THE CERTIFICATE OF REGISTRATION OF THE MEMBERS OF THE PETITIONER UNION DATED 23-12-1997. EXT. P2 TRUE COPY OF THE IDENTITY CARD OF THE MEMBER OF THE PETITIONER UNION. EXT. P3 TRUE COPY OF THE IDENTITY CARD OF THE MEMBER OF THE PETITIONER UNION. EXT.P4 TRUE COPY OF THE PETITION UNDER SECTION 12 OF THE INDUSTRIAL DISPUTE ACT DATED 27-1-2012. EXT.P5 TRUE COPY OF THE NOTICE DATED 3-2-2012. EXT. P6 TRUE COPY OF THE NOTICE DATED 21-2-2012.
RESPONDENTS' EXHIBITS:
N I L
/TRUE COPY/
P.S.TO JUDGE
Kss
HARUN-UL-RASHID,J.
W.P.(C).NO. 7520 OF 2012
DATED THIS THE 13TH DAY OF DECEMBER, 2012
JUDGMENT
Writ Petition is filed seeking a direction directing the lst respondent to expedite the conciliation proceedings and submit a report before the Government under section 12(6) of the Industrial Dispute Act, 1947.
the Labour Court and a report under Section 12(4) of the Industrial Dispute Act cannot be submitted to the Government.
the application filed under Section 12 of the Industrial Dispute Act is pending before the lst respondent-Labour Officer. It is submitted that
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W.P.(C).No.7520/2012
the lst respondent summoned both parties on 18/2/2012 and 12/3/2012 by notice dated 3/2/2012 and 21/2/2012 respectively. Learned counsel for the respondents 2 and 3 submits that the construction work of the retaining wall has been completed.
Without going into the merits of the contentions raised by the petitioner and respondents, the writ petition is disposed of directing the lst respondent to pass appropriate orders on the application submitted by the petitioner in accordance with law, within a period of three months from the date of receipt of a copy
of this judgment.
HARUN-UL-RASHID, JUDGE.
kcv.
1 issue framed by the court
Whether to direct the District Labour Officer to expedite conciliation proceedings under Section 12(6) of the Industrial Dispute Act, 1947.
2 provisions across 1 enactments
P.A.PAPPACHAN
THE DISTRICT LABOUR OFFICER, CIVILSTATION, KAKKANADU, ERNAKULAM
JENSON
MATHAPPAN
VARKEY
JOSEPH.P.P
HARUN-UL-RASHID
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
