Disposed

Malabar Cemets Ltd. v. Industrial Tribunal, Palakkad

Kerala HC9 Jun 2015WP(C)/15431/2015

Case brief

AI extract

What is this about?

A labor union filed a writ petition for early disposal of an industrial dispute concerning the formation of a casual labor pool. The Court directed the Industrial Tribunal to consider the petitioner's request for appointment to the pool after hearing all parties within one month.

What did the court decide?

Directed the first respondent (Industrial Tribunal) to consider and pass appropriate orders on the pending application after hearing parties within one month.

Malabar Cemets Ltd. Vs Industrial Tribunal… — Labour and Industrial Disputes | Kerala HC (2015)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR. JUSTICE A.V.RAMAKRISHNA PILLAI

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TUESDAY, THE 9TH DAY OF JUNE 2015/19TH JYAISHTA, 1937

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WP(C).No. 15431 of 2015 (D) ---------------------------IN ID 18/2013 of INDUSTRIAL TRIBUNAL, PALAKKAD

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PETITIONER(S):

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-------------

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MALABAR CEMENTS LTD. LABOUR UNION (CITU), REP. BY ITS SECRETARY K. KANNAN, S/O SWAMINATHAN, WALAYAR P.O., PALAKAD DISTRICT - 678 624.

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BY ADV. SRI.RAJESH SIVARAMANKUTTY.

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RESPONDENT(S):

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---------------

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1. INDUSTRIAL TRIBUNAL, PALAKKAD, OLAVAKKODE, PALAKKAD - 678 002.

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2. MALABAR CEMENTS LTD., WALAYAR, PALAKKAD- 678 624, REP. BY ITS MANAGING DIRECTOR.

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3. INDUSTRIAL DEPARTMENT, REP. BY ITS PRINCIPAL SECRETARY, SECRETARIAT, THRIUVANANTHAPURAM - 695 001.

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BY GOVERNMENT PLEADER SMT.K.A.SANJEETHA.

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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rvs.

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WP(C).No. 15431 of 2015 (D)

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APPENDIX

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PETITIONER(S)' EXHIBITS :

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-----------------------

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EXHIBIT P1: TRUE COPY SETTLEMENT MEMORANDUM DATED 31.12.2010. EXHIBIT P2: TRUE COPY OF THE PETITION DATED 23.3.2012 REFERRED FOR ADJUDICATION IN ID NO.18/2013 BEFORE THE 1ST RESPONDENT. EXHIBIT P3: TRUE COPY OF NOTICE INVITING APPLICATION AS PA-1/RE-13 B/2015 DATED 17.4.2015.

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EXHIBIT P4: TRUE COPY OF THE ADVERTISEMENT PUT OUT IN MALAYALA MANORAMA DAILY DATED 22.4.2015 BY THE 2ND RESPONDENT. EXHIBIT P5: TRUE COPY OF THE LETTER DATED 19.9.2006 ISSUED BY THE 2ND RESPONDENT TO THE 3RD RESPONDENT

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RESPONDENT(S)' EXHIBITS :

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----------------------

NIL.

/TRUE COPY/

P.A.TO JUDGE

RVS.

A.V. RAMAKRISHNA PILLAI, J.

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W.P.(C) No.15431 of 2015

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Dated this the 9^th day of June, 2015.

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JUDGMENT

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The petitioner has approached this Court seeking an early disposal of I.D.No.18/2013, which relates to demand of contract labourers for appointment to the casual labour pool in the Malabar Cements Ltd, Walayar.

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Presently, the Mazdoor posts in Malabar Cements Ltd, Walayar are drawn from the contract labourers since long. The petitioner alleges that it is from this contract labourers that casual labour pool is formed and from this casual labour pool, permanent workers are employed. Casual labour pool was not being formed, in spite of Ext.P1. Therefore, for the implementation of the same, I.D.No.18/2013 was filed, which is pending disposal before the first respondent. The petitioner further alleges that in order to defeat the rights of the petitioner in the event of ID.No.18/2013 being allowed, the second respondent - company is trying to employ persons from

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W.P.(C) No.15431 of 2015

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-2-

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outside to various posts including mazdoors to the permanent

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posts, which is per se illegal.

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I have heard the learned counsel for the petitioner and the learned second respondent in the matter.

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As the limited prayer in this writ petition is for an early disposal of Ext.P2, the writ petition is disposed of directing the first respondent to consider and pass appropriate orders on Ext.P2, after affording the petitioner and the affected parties, an opportunity of being heard, within a period of one month from the date of receipt of a copy of this judgment. To facilitate an early action, it shall be open to the petitioner to produce a copy of the writ petition as well as the copy of this judgment before the first respondent at the earliest.

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Sd/-

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A.V. RAMAKRISHNA PILLAI JUDGE

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Scl.

Malabar Cemets Ltd. v. Industrial Tribunal, Palakkad

Case brief

What is this about?

What did the court decide?

Malabar Cemets Ltd. v. Industrial Tribunal, Palakkad

Case brief

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