K.O.Jose v. The Fertilizers And Chemicals Travancore-Petrochemical Division`
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN FRIDAY, THE 16TH DAY OF JANUARY 2015/26TH POUSHA, 1936 RP.No. 1016 of 2014 () ----------------------------------- (AGAINST THE JUDGMENT IN WP(C).NO. 480/2014 DATED 22-11-2014) ------------------ REVIEW PETITIONER(S)/PETITIONERS:
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1. K.O.JOSE, MOOLEKKUDY HOUSE, KAVUMKARA, MARKET P.O., MUVATTUPUZHA. (WORK ASSISTANT, BADGE NO.12580, CAPTIVE POWER PLANT, FACT(PD) LTD., UDYOGAMANDAL).
2. MOHANDAS P.R., CHITTUKKUNNIL HOUSE, MUPPATHADAM P.O., ALUVA. (WORK ASSISTANT, BADGE NO.12520, OFF-SITE PLANT, FACT (PD) LTD., UDYOGAMANDAL).
3. SHAJI T.K., KUZHIKANDATHIL HOUSE, ELOOR SOUTH, UDYOGMANDAL P.O. (WORK ASSISTANT, BADGE NO.12517, OFF-SITE PLANT, FACT (PD) LTD., UDYOGMANDAL). BY ADVS.SRI.A.JAYASANKAR SRI.C.V.MANUVILSAN SRI.MANU GOVIND RESPONDENT(S)/RESPONDENTS:
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1. THE FERTILIZERS AND CHEMICALS TRAVANCORE-PETROCHEMICAL DIVISION,UDYOGMANDAL COMPLEX, UDYOGMANDAL, ERNAKULAM-683 501, REPRESENTED BY ITS GENERAL MANAGER (HR).
2. THE GENERAL MANAGER (HR), FACT, UDYOGAMANDAL COMPLEX, UDYOGMANDAL P.O., ERNAKULAM-683 501.
3. FACT EMPLOYEES ASSOCIATION, REPRESENTED BY ITS GENERAL SECRETARY, UDYOGAMANDAL P.O., ERNAKULAM-683 501.
4. FACT (PD) WORKERS ORGANIZATION, REPRESENTED BY ITS GENERAL SECRETARY, UDYOGAMANDAL P.O., ERNAKULAM-683 501.
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-2R.P.NO.1016/2014
5. FACT EMPLOYEES CONGRESS (INTUC), REPRESENTED BY ITS GENERAL SECRETARY, UDYOGAMANDAL P.O., ERNAKULAM-683 501.
6. FACT EMPLOYEES SANGH (BMS), REPRESENTED BY ITS GENERAL SECRETARY, UDYOGAMANDAL P.O., ERNAKULAM-683 501.
R1 & R2 BY SRI.M.GOPIKRISHNAN NAMBIAR THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 16-01-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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K.VINOD CHANDRAN, J - - - - - - - - - - - - - - - - - - - - R.P. 1016 of 2014 in W.P.(C).480 of 2014 - - - - - - - - - - - - - - - - Dated 16th January, 2015 - - - - - - - - - - - - - - - - - - - - - - - -
ORDER
The petitioners in the writ petition submitted that there was no refusal on the part of the 1st and 3rd petitioners to go back to the Petrochemicals Division and the petitioners may be permitted to go back to the same. However the learned Standing Counsel appearing for the Company would submit that there is no Petrochemicals Division as such as of now, since the same has been suspended due to losses of the Company. In such circumstances, despite the willingness being expressed, the 1st and 3rd petitioners cannot be send back to the Petrochemicals Division.
However if Petrochemicals Division starts operation, they could make representation on that behalf in which situation, Management would be called upon
RP.1016/14 to consider the claim, in accordance with the law.
With the above observation, the Review Petition is dismissed.
Sd/- K.VINOD CHANDRAN Judge Mrcs //True Copy//