High Court of KeralaWP(C)/8396/2015disposed of

Aviation Industries Constractual Employees Association v. Union Of India

2015-04-08Honourable Mr. Justice A.Muhamed Mustaque11 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE WEDNESDAY, THE 8TH DAY OF APRIL 2015/18TH CHAITHRA, 1937 WP(C).No. 8396 of 2015 (Y) --------------------------- PETITIONER --------------------------

1. AVIATION INDUSTRIES CONSTRACTUAL EMPLOYEES ASSOCIATION REGD. NO.07-23/2011, COCHIN INTERNATIONAL AIR PORT REPRESENTED BY ITS SECRETARY SHRI.O.ASHOKAN THIRUVONAM, NAYATHODU, ALUVA TALUK ERNAKULAM 683 572.

BY ADVS.SRI.T.R.JAGADEESH SRI.K.S.HARIDAS SRI.S.VIJAYAN (THURAVOOR) SRI.V.A.VINOD RESPONDENT(S):

---------------------------- 1.

UNION OF INDIA (REPRESENTED BY ITS SECRETARY) MINISTRY OF CIVIL AVIATION.

NEW DELHI -110011 2.

CHAIRMAN & MANAGING DIRECTOR, AIR INDIA LTD, AIR LINES HOUSE, 2ND FLOOR 113, GURUDWARA RAKABGUNGJ ROAD, NEW DELHI - 110 001. 3.

THE CHIEF OPERATING OFFICER, AIATSL, FLOOR, TRANSPORT WORKSHOP BUILDING GSD COMPLEX SAHAR ANDHERI (E), MUMBAI - 99.

AIRPORT MANAGER, AIR INDIA LTD., COCHIN INTERNATIONAL AIR PORT LTD NEDUMBASSERY, COCHIN - 683 111.

R1 BY ADV. SRI.N.NAGARESH, ASSISTANT SOLICITOR GENERAL R BY SRI.M.GOPIKRISHNAN NAMBIAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08-04-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 8396 of 2015 (Y) --------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT.P1:

TRUE COPY OF DUTY ROSTER OF GROUND HANDLING DEPARTMENT EXT.P2:

TRUE COPY OF DUTY ROSTER OF COMMERCIAL DEPARTMENT EXT.P3:

TRUE COPY OF DUTY ROSTER OF AIR LINES SECURITY DEPARTMENT EXT.P4:

TRUE COPY OF DUTY ROSTER OF AIR LINES SECURITY DEPARTMENT EXT.P5:

TRUE COPY OF REPRESENTATION DATED 10/3/2015 SUBMITTED BY THE PETITIONERS RESPONDENT(S)' EXHIBITS --------------------------------------- NIL TRUE COPY P.A TO JUDGE SMM

A.MUHAMED MUSTAQUE, J.

- - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 8396 OF 2015 - - - - - - - - - - - - - - - - - - - - Dated this the 8th day of April , 2015

JUDGMENT

The petitioner is the association of contractual employees engaged in ground handling section in Air India Ltd. Cochin International Air Port Ltd. the petitioner has raised grievance about the irregular working hours and irregular shift pattern which are contrary to statutory labour rules. Highlighting the grievances, the petitioner submitted Ext.P5 representation before the 3rd respondent. It is on account of non consideration of Ext.P5, the petitioner has approached this Court.

2. The learned standing counsel appearing for the 3rd respondent submits that the petitioner has already raised the industrial dispute before the statutory authorities and the matter is pending before the authorities for conciliation.

3. I am of the view that not withstanding the pendency of conciliation proceedings for industrial disputes before the statutory authorities, the 3rd respondent shall consider Ext.P5

within a period of six weeks from the date of receipt of a copy of this judgment. Needless to say, an opportunity of hearing should be given to the representative of the petitioner. The writ petition is disposed of as above.

Sd/- A.MUHAMED MUSTAQUE, Judge.

dpk /True copy/ PS to Judge.