Allowed

Vizhinjam Port Thozhilali Union v. District Labour Officer

Kerala HC29 Mar 2016WP(C)/1749/2007

Case brief

AI extract

What is this about?

The court converted an interim order dated 28.1.2008 dealing with work allotment disputes into an absolute order. The petitioners' prayer for mandamus against the Labour Officer and Port Officer regarding subsequent actions was dismissed, directing them to act according to law if grievances persist.

What did the court decide?

Interim order dated 28.1.2008 made absolute; grievance to be taken up before the first respondent.

Vizhinjam Port Thozhilali Union Vs District Labour… — Service and Employment | Kerala HC (2016)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

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TUESDAY, THE 29TH DAY OF MARCH 2016/9TH CHAITHRA, 1938

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WP(C).No. 1749 of 2007 (G)

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PETITIONER(S):

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1. VIZHINJAM PORT THOZHILALI UNION, KOTTAPPURAM PO, VIZHINJAM, THIRUVANANTHAPURAM,

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REPRESENTED BY ITS SECRETARY, P.BENEDICT LOPUZ.

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2. ANTONY.H. KALLINKADAVU, KOTTAPPURAM P.O. VIZHINJAM, THIRUVANANTHAPURAM.

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BY ADVS. SRI.GOPAKUMAR R.THALIYAL SRI.N.P.PRAJEESH

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RESPONDENT(S):

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1. THE DISTICT LABOUR OFFICER, THIRUVANANTHAPURAM.

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2. THE PORT OFFICER, VIZHINJAM PORT, THIRUVANANTHAPURAM.

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3. THE CONVENOR, CITU, VIZHINJAM PORT, THIRUVANANTHAPURAM.

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R3 BY ADV. SRI.K.B.PRADEEP R1,2 BY GOVERNMENT PLEADER SRI.REJI JOSEPH

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29-03-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 1749 of 2007

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APPENDIX

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PETITINERS' EXHIBITS:

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EXHIBIT P1: COPY OF CERTIFICATE OF REGISTRATION ISSUED TO THE 1ST PETITIONER UNION DATED 17.5.2000.

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EXHIBIT P2: COPY OF IDENTITY CARDS ISSUED TO SOME OF THE MEMBERS OF THE 1ST PETITIONER UNION.

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EXHIBIT P3: COPY OF ORDER ISSUED BY THE 1ST RESPONDENT DATED 20.7.2002. EXHIBIT P4: COPY OF REPRESENTATION SUBMITTED BY THE 1ST RESPONDENT DATED 28.6.2006.

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EXHIBIT P5: COPY OF JUDGMENT PASSED BY THIS HONOURABLE COURT IN WP(C). 17991/2006 DATED 29.9.2006.

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EXHIBIT P6: COPY OF REPRESENTATION SUBMITTED BY THE 1ST PETITIONER T THE 1ST RESPONDENT DATED 20.12.2006.

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RESPONDENTS' EXHIBITS:

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EXHIBIT R1(a): COPY OF ORDER NO.G2.2898/06 DATED 5.2.2007 OF DLO.

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/TRUE COPY/

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PS TO JUDGE

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ANU SIVARAMAN, J.

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----------------------------------------------W.P(C).No. 1749 of 2007

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----------------------------------------------Dated this the 29^th March, 2016

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JUDGMENT

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This writ petition is filed with the following reliefs:

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“ (i) to issue a writ of mandamus or any other appropriate writ, direction or order directing the 1^st respondent to enforce clause (1) of Exhibit P3 order till a decision is taken in the matter as per clause (5) of Exhibit P3.

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(ii) to issue a writ of mandamus or any other appropriate writ, direction or order directing the 1^st respondent to take immediate action to resolve clause (3) of Exhibit P3 order within a time frame to be fixed by this Honourable Court.”

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2. Heard learned counsel for the petitioners, learned counsel appearing for the third respondent and the learned Government Pleader appearing for respondents 1 and 2.

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It is submitted by learned counsel for the petitioners that the disputes with regard to allotment of work under the second respondent have been allegedly resolved by an interim order of this Court dated 28.1.2008, where there was a direction to respondents 1 and 2 to issue identity cards directly to the head load workers and not through or to any unions.

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Since the disputes with regard to allotment of work had been substantially resolved pursuant to the interim order, the interim order dated 28.1.2008 is made absolute. If there is any subsisting grievance,

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WP(C).1749/07

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the matter can be taken up before the first respondent and the first respondent shall thereupon take appropriate action in accordance with

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law.

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The writ petition is ordered accordingly.

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ANU SIVARAMAN

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vgs29/3

Vizhinjam Port Thozhilali Union v. District Labour Officer

Case brief

What is this about?

What did the court decide?

Vizhinjam Port Thozhilali Union v. District Labour Officer

Case brief

What is this about?

What did the court decide?

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