Kerala High Court
WP(C)/14530/2011 of THE TRICHUR CO-OPERATIVE SPINNING MILL W Vs THE TRICHUR CO-OPERATIVE SPINNING MILLS on 31 December 2012
COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE V.CHITAMBARESH MONDAY, THE 31ST DAY OF DECEMBER 2012/10TH POUSHA 1934 WP(C).No. 14530 of 2011 (M) --------------------------- PETITIONER(S): ------------- 1. THE TRICHUR CO-OPERATIVE SPINNING MILL WORKERS CONGRESS INTUC(I),
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE V.CHITAMBARESH
MONDAY, THE 31ST DAY OF DECEMBER 2012/10TH POUSHA 1934
WP(C).No. 14530 of 2011 (M)
---------------------------
PETITIONER(S):
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1. THE TRICHUR CO-OPERATIVE SPINNING MILL WORKERS CONGRESS INTUC(I), REG.NO.08/88, VIRUPPAKKA P.O.VAZHANI, THRISSUR-680 589 REPRESENTED BY ITS SECRETARY. WORKERS CONGRESS INTUC(I), REG.NO.08/88, VIRUPPAKKA P.O.VAZHANI, THRISSUR-680 589 REPRESENTED BY ITS SECRETARY.
2. K.R.CHANDRAN,
BB NO.3, TRICHUR CO-OPERATIVE SPINNING MILLS, LTD. VIRUPPAKKA, P.O.VAZHANI, THRISSUR-680 589. VIRUPPAKKA, P.O.VAZHANI, THRISSUR-680 589.
3. THE TRICHUR CO-OPERATIVE SPINNING MILLS EMPLOYEES UNION, REG.NO.08-02 OF 2004, VIRUPPAKKA P.O.VAZHANI, THRISSUR-680 589 REPRESENTED BY ITS SECRETARY. EMPLOYEES UNION, REG.NO.08-02 OF 2004, VIRUPPAKKA P.O.VAZHANI, THRISSUR-680 589 REPRESENTED BY ITS SECRETARY.
4. C.K.SANTHOSHKUMAR, PREP. NO.27, THE TRICHUR CO-OPERATIVE SPINNING MILLS LIMITED, VIRUPPAKKA, P.O.VAZHANI THRISSUR-680 589. PREP. NO.27, THE TRICHUR CO-OPERATIVE SPINNING MILLS LIMITED, VIRUPPAKKA, P.O.VAZHANI THRISSUR-680 589.
BY ADV. SRI.P.RAMAKRISHNAN
RESPONDENT(S):
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1. THE TRICHUR CO-OPERATIVE SPINNING MILLS LIMITED, VIRUPPAKKA, P.O.VAZHANI THRISSUR-680580 REPRESENTING BY ITS MANAGING DIRECTOR. LIMITED, VIRUPPAKKA, P.O.VAZHANI THRISSUR-680580 REPRESENTING BY ITS MANAGING DIRECTOR.
2. DISTRICT LABOUR OFFICER, OFFICE OF THE DISTRICT LABOUROFFICEROFFICER
[CORRECTED AS PER ORDER DATED 1-6-2011 IN W.P.C(C)]
* * ADDL. R3 IMPLEADED
* * ADDL. R3 THRISSUR CO-OPERATIVE SPINNING MILL WORKERS' UNION (CITU)
REG NO.08-18 OF 1987
VAZHANI P.O. , THRISSUR DISTRICT,
REPRESENTED BY THE SECRETARY MR. T.PARAMESWARAN
(ADDL. R3 IMPLEADED AS PER ORDER DATED 20-6-2011 IN I.A. NO.8783/2011 IN W.P.C NO.14530/2011)
R,ADDL.R BY ADV. SRI.ASOK M.CHERIANR,R1 BY ADV. SRI.B.S.KRISHNAN (SR.)
R,R1 BY ADV. SMT.LATHA KRISHNAN
R BY GOVERNMENT PLEADER SRI. JAMES MATHEW KADAVAN
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 31-12-2012,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
APPENDIX
PETITIONERS EXHIBITS
P1COPY OF THE STANDING ORDERS OF THE 1ST RESPONDENT MILLS
P2COPY OF SETTLEMENT OF 23-2-2011, BETWEEN THE 1ST RESPONDENT AND THETRADE UNIONSTRADE UNIONS
P3COPY OF the ORDER DATED 12-5-2011 PROMOTING MILL CASUALS AS BADLIES
P4COPY OF THE ORDER DATED 12-5-2011 ABSORBING CERTAIN PERSONS, ALLEGEDLY TRAINEES, AS MILL CASUALSALLEGEDLY TRAINEES, AS MILL CASUALS
P5COPY OF THE ORDER DATED 2-5-2011 APPOINTING 'GATE CASUALS' AS MILL CASUALSCASUALS
P6COPY OF THE COMPLAINT SUBMITTED BY THE 1ST PETITIONER BEFORE THE 2ND RESPONDENT2ND RESPONDENT
P7COPY OF THE COMPLAINT SUBMITTED BY THE 2ND PETTIONER BEFORE THE 2ND RESPONDENT2ND RESPONDENT
RESPONDENTS EXHIBITS
NIL
TRUE COPY
P.A TO JUDGE
SMM
V.CHITAMBARESH,J.
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W.P.(C)No. 14530 of 2011
= = = = = = = = = = = == = = = = Dated this the 31[st] day of December, 2012
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J U D G M E N T
Ext.P1 is the certified standing orders of the firstrespondent Co-operative Spinning Mills and Ext.P2 is thesettlement entered into between the management and the tradeunions of the employees thereof. The petitioners challengeExts.P3,P4 and P5 office orders of the first respondentCo-operative Spinning Mills whereby 'Mill Casuals' werepromoted as 'badalies' , 'trainees' were absorbed as 'MillCasuals' and 'Gate Casuals' were converted as 'Mill Casuals'.
2. The petitioners contend that Exts.P3, P4 and P5 officeorders are in violation of clauses 8,9 and 10 of Ext.P1 standingorders and clause 11 of Ext.P2 settlement. The petitioners havealso a case that Exts. P3, P4 and P5 office orders were passedviolating the model code of conduct prevailing on the eve oflegislative assembly election in the year 2011.
3. I do not wish to embark upon a detailed enquiry onthese aspects in as much as the petitioners have already moved W.P.(C)No. 14530 of 2011
the statutory authorities. Exts. P6 and P7 complaints have beenfiled by the petitioners under Section 12 of the IndustrialDisputes Act alleging violation of the standing orders, thesettlement and the model code of conduct.
4. I direct the second respondent Labour Officer toconsider Exts. P6 and P7 on merits after notice to the interestedparties within a period of three months from the date of receiptof a copy of this judgment. Needless to say that the secondrespondent shall take the proceedings to a logical end within thetime frame stipulated above.
No further directions are called for and the Writ Petition(Civil) is disposed of.
V.CHITAMBARESH.JUDGE