Disposed

Cochin Refineries Employees Association v. Union of India

Kerala HC5 Oct 2021WP(C)/16629/2021

Case brief

AI extract

What is this about?

The Kerala High Court held that since the dispute was referred to the Industrial Tribunal, the reliefs sought in the writ petition no longer survive. Consequently, the court reserved liberty for parties to approach the appropriate forum and disposed of the writ petition.

What did the court decide?

All questions raised in the writ petition are left open; liberty reserved to parties to raise disputes before the appropriate forum.

Cochin Refineries Employees Association Vs Union of… — Service and Employment | Kerala HC (2021)

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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 BECHU KURIAN THOMAS

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TUESDAY, THE 5^TH DAY OF OCTOBER 2021 / 13TH ASWINA, 1943

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WP(C) NO. 16629 OF 2021

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PETITIONER:

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COCHIN REFINERIES EMPLOYEES ASSOCIATION REG.NO. 120/67, AMBALAMUGAL, KOCHI - 682302, REPRESENTED BY ITS GENERAL SECRETARY, MR. PRAVEEN KUMAR P.

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BY ADVS. SRI.C.S.AJITH PRAKASH SRI.T.K.DEVARAJAN SRI.PAUL C THOMAS SRI.FRANKLIN ARACKAL SRI.M.B.SOORI SRI.BABU M. SRI.NIDHIN RAJ VETTIKKADAN SRI.HAARIS MOOSA SMT.DEVYANI SMT.NIKHITA ANN REBELLO SRI.ADESH JOSHI

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RESPONDENTS:

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1 UNION OF INDIA REPRESENTED BY ITS SECRETARY, MINISTRY OF LABOUR & EMPLOYMENT, GOVERNMENT OF INDIA, SHRAM SHAKTI BHAWAN, RAFI MARG, NEW DELHI - 110001.

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2 THE DEPUTY CHIEF LABOUR COMMISSIONER (CENTRAL)/ CONCILIATION OFFICER UNDER ID ACT 1947,

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W.P.(C) NO.16629/21

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-2-

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OFFICE OF THE DEPUTY CHIEF LABOUR COMMISSIONER (CENTRAL), OLIMUGAL, KAKKANAD, ERNAKULAM - 680030.

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3 THE CHAIRMAN & MANAGING DIRECTOR BHARAT PETROLEUM CORPORATION LTD, BHARAT BHAVAN, BALLARD ESTATE, MUMBAI -1,

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4 BHARAT PETROLEUM CORPORATION LIMITED. KOCHI REFINERY, AMBALAMUGAL - 682302, REPRESENTED BY ITS EXECUTIVE DIRECTOR.

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5 THE CHIEF GENERAL MANAGER (H.L) IC BPCL, KOCHI REFINERY, AMBALAMUGAL - 682302.

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R1 & R2 BY ADV.P.VIJAYAKUMAR, ASGI R3 TO R5 BY ADV.P.BENNY THOMAS ADV.D.PREM KAMATH ADV.TOM THOMAS (KAKKUZHIYIL) ADV.ABEL TOM BENNY ADV.JYOTHISH KRISHNA ADV.KURIAN OOMMEN THERAKATH

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C) NO.16629/21

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BECHU KURIAN THOMAS, J.

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W.P.(C) No.16629 of 2021

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Dated this the 5^th day of October, 2021

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JUDGMENT

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Learned counsel for the petitioner and the respondents submitted that as per Ext.P15 reference order, the Central Government has referred for consideration of the Industrial Tribunal, the questions for adjudication. In view of the above, none of the reliefs sought for in the writ petition survives any more.

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Since by Ext.P15 reference order, the dispute has been referred to the Industrial Tribunal, I reserve the liberty to the parties to raise all the disputes before the appropriate forum, including the dispute on the nature and validity of reference. All questions raised in the writ petition are left open.

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The writ petition is disposed of as above.

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Sd/-

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BECHU KURIAN THOMAS JUDGE

vps

W.P.(C) NO.16629/21

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APPENDIX OF WP(C) 16629/2021

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PETITIONER EXHIBITS

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EXHIBIT P1	A TRUE COPY OF THE REGISTRATION
	CERTIFICATE OF THE PETITIONER UNION TYPED COPY.
EXHIBIT P2	A TRUE COPY OF THE INDUSTRIAL DISPUTE RAISED BY THE PETITIONER UNION BEFORE THE 2ND RESPONDENT DATED 21.06.2019.
EXHIBIT P3	A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER UNION TO THE 3RD RESPONDENT DATED 17.07.2020.
EXHIBIT P4	A TRUE COPY OF THE REPLY SUBMITTED BY THE CHIEF GENERAL MANAGER (HR) DATED 07.08.2020 TO THE PETITIONER.
EXHIBIT P5	A TRUE COPY OF THE STRIKE NOTICE DATED 20.08.2020.
EXHIBIT P6	A TRUE COPY OF THE LETTER DATED 01.09.2020 SUBMITTED BY THE PETITIONER TO THE CONCILIATION OFFICER.
EXHIBIT P7	A TRUE COPY OF THE NOTICE DATED
	01.09.2020, PUBLISHED BY THE PETITIONER UNION.
EXHIBIT P8	A TRUE COPY OF THE E-MAIL
	COMMUNICATION DATED 01.07.2021
	RECEIVED TO THE E-MAIL ID OF THE GENERAL SECRETARY OF THE TRADE UNION.
EXHIBIT P9	A TRUE COPY OF THE FAILURE OF
	CONCILIATION REPORT (FOC) ISSUED BY

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W.P.(C) NO.16629/21

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-5-

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	THE 3RD RESPONDENT.
EXHIBIT P10	A TRUE COPY OF THE STRIKE NOTICE 19.07.2021 ISSUED BY THE PETI UNION TO THE 3RD RESPONDENT.	DATED TIONER
EXHIBIT P11	A TRUE COPY OF THE NOTICE ISSU THE 2ND RESPONDENT TO THE UNIO DATED 26.07.2021.	ED BY NS IS
EXHIBIT P12	A TRUE COPY OF THE REPLY GIVEN PETITIONER TO THE 2ND RESPONDENT 06.08.2021.	BY THE DATED
EXHIBIT P13	A TRUE COPY OF THE MINUTES O CONCILIATION PROCEEDINGS 06.08.2021.	F THE DATED
EXHIBIT P14	A TRUE COPY OF THE JUDGMENT IN NO. 1136/2020 DATED PRONOUNCE 17.07.2021.	WP(C) D ON
EXHIBIT P15	A TRUE COPY OF THE REFERENCE	ORDER
	DATED 16.08.2021 ISSUED TO PETITIONER UNION FROM THE RESPONDENT OFFICE	THE 1ST
EXHIBIT P16	A TRUE COPY OF THE PROCEEDINGS 2ND RESPONDENT NO.08/26 & 27/2	OF THE 021/B6
	DATED 19.08.2021, COPY OF WHI SERVED ON THE PETITIONER	CH IS

Cochin Refineries Employees Association v. Union of India

Case brief

What is this about?

What did the court decide?

Cochin Refineries Employees Association v. Union of India

Case brief

What is this about?

What did the court decide?

What the court decided

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