Writ petitioner challenged a conciliatory wage settlement executed between the employer and trade unions without prior notice to him. The court observed that respondents agreed to remand the matter to the labour officer for a fresh hearing including the petitioner and disposed of the petition accordingly.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU
THURSDAY ,THE 13TH DAY OF DECEMBER 2018 / 22ND AGRAHAYANA, 1940
WP(C).No. 28055 of 2018
PETITIONER/S:
BY ADVS. AVINASH (KUNNATH) K.R. SRI.ABDUL RAOOF PALLIPATH
RESPONDENT/S:
1 THE DISTRICT LABOUR OFFICER OFFICE OF THE DISTRICT LABOUR OFFICER, CIVIL STATION, UP-HILL MALAPPURAM, - 676504.
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UP-HILL, MALAPPURAM - 676504.
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10 THE ADMINISTRATIVE OFFICER KERALA HEAD LOAD WORKERS WELFARE BOARD, MALAPPURAM DISTRICT COMMITTEE, MALAPPURAM - 676504.
BY ADVS. GOVERNMENT PLEADER K.RAKESH SRI.THOMAS ABRAHAM, SC, KHWWB SRI.V.P.PRASAD V.P.PRASAD SMT.MOLLY JACOB,SC,SUPPLYCO SRI.THOMAS ABRAHAM
OTHER PRESENT:
GP SMT. M.M. JASMINE
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13.12.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
JUDGMENT
The petitioner is a contractor undertaking works assigned by the second respondent, that is Supply Co. First the contractor claims to have signed the Ext.P3 conciliation memorandum in June 2017. Later, the Trade Union representing the workmen under the petitioner demanded increase in the wages. Then, that resulted in the Ext.P4 conciliation memorandum with an increase of 37% in the wages. The petitioner assails the Ext.P4.
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complete this exercise, in terms of the Ext.P1 agreement.
I accordingly, dispose of the writ petition.
Sd/-
DAMA SESHADRI NAIDU
JUDGE
das
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE AGREEMENT DATED 24.8.2017 ENTERED INTO BETWWEN THE 1ST PETITIONER AND THE 2ND RESPONDENT.
EXHIBIT P2 TRUE COPY OF THE RELEVANT PAGES OF THE TENDER CONDITIONS DATED 12.5.2017
EXHIBIT P3 TRUE COPY OF THE COPY OF THE CONCILIATION MEMORANDUM DATED 28.6.2017 WITH ENGLISH TRANSLATION
EXHIBIT P4 TRUE COPY OF THE CONCILIATION MEMORANDUM DATED 21.7.2018 WITH ENGLISH TRANSLATION.
EXHIBIT P5 TRUE COPY OF THE RATES OF WAGES OF HEAD LOAD WORKERS PAID BY 2ND RESPONDENT (DUPPLY) FOR GOODS TRANSPORTED TO DIRECT OUTLETS OBTAINED UNDER RIGHT TO INFORMATION ACT WITH ENGLISH TRANSLATION.
1 issue framed by the court
Whether the conciliations memorandum executed between the employer and trade unions without notice to the contractor binds the petitioner.
MUHAMMED AZHAR
BIJU
DINESAN
RAMADAS
RIYAS
KERALA STATE CIVIL SUPPLIES CORPORATION LIMITED
DAMA SESHADRI NAIDU
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
