High Court of KeralaWP(C)/31274/2014disposed of

T.K. Omana v. Kerala State Civil Supplies Corporation

2015-02-19Honourable Mr.Justice K.Vinod Chandran4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN THURSDAY, THE 19TH DAY OF FEBRUARY 2015/30TH MAGHA, 1936 WP(C).No. 31274 of 2014 (H) ---------------------------- PETITIONER:

------------------- T.K. OMANA, AGED 46 YEARS, W/O.SYAMALAN, EDAPARAMBIL HOUSE, MANAKADAVU.P.O., MATHUVANAM, KANNUR DISTRCT.

BY ADVS.SRI.P.M.MOHAMMED SHIRAZ SMT.G.R.MANJU RESPONDENT(S):

-------------------------

1. KERALA STATE CIVIL SUPPLIES CORPORATION, REPRESENTED BY IT'S MANAGING DIRECTOR, MAVELI BHAVAN, GANDHINAGAR, KOCHI - 682 020.

2. ASSISTANT MANAGER(DEPOT), KERALA STATE CIVIL SUPPLIES CORPORATION, NEAR MADRASSA, TALIPARAMBA, KANNUR DISTRICT, PIN - 670 141.

3. THE OUTLET-IN-CHARGE, MAVELI STORE, KARTHIKAPURAM, ALAKKODE (VIA), KANNUR DISTRICT, PIN - 670 571.

BY SMT.MOLLY JACOB,SC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19-02-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

mbr/

WP(C).No. 31274 of 2014 (H) ------------------------------------ APPENDIX PETITIONER(S)' EXHIBITS:

------------------------------------- EXT.P1 - TRUE COPY OF THE ORDER DATED 10.4.2012 IN WPC.8622/2012. EXT.P2 - TRUE PHOTOCOPY OF LETTER DATED 20.8.2014 OF THE DISTRICT LABOUR OFFICER, KANNUR.

RESPONDENT(S)' EXHIBITS:

--------------------------------------- EXT.R3(A) :

PHOTO COPY OF THE LETTER NO.D-79/2004 DATED 20.8.2014. EXT.R3(B) :

PHOTO COPY OF THE LETTER NO.D-7/2004 DATED 29.9.2014. /TRUE COPY/ P.S. TO JUDGE mbr/

K. Vinod Chandran, J.

==================================== W.P.(C)No.31274 of 2014 ==================================== Dated this the 19th day of February, 2015.

JUDGMENT

1. Petitioner alleges denial of employment in the above writ petition. Petitioner claims to have been employed in the respondent Corporation on a daily wage basis from December, 2006 to 15.6.2014, on which date, she was dis-engaged. The petitioner prays for re-engagement in the first respondent's depot; managed by the third respondent, wherein she had been engaged as a daily wage sales-woman.

2. Admittedly, the petitioner has moved the District Labour Officer, Kannur by Ext.P2 and conciliation proceedings have been initiated. In such circumstances, it may not be proper for this Court to invoke the extra-ordinary jurisdiction under Article 226, despite the fact that, the petitioner contends in the writ petition that, the proceedings under the Industrial Disputes Act, 1947, would be a long drawn out

W.P.(C)No.31274 of 2014 -:2:- affair.

3. However, the petitioner's conciliation has not concluded in the settlement or in failure. In such circumstances, the District Labour Officer, Kannur is directed to expedite the conciliation process and he shall, either record the settlement or send final report expeditiously to the appropriate Government, being the State Government. The District Labour Officer, Kannur is suo motu impleaded herein as the additional fourth respondent, to comply with the above directions. Registry is directed to carry out impleadment before issuance of certified copy.

Writ petition is disposed of, leaving open the contentions of the petitioner and the respondents.

K. Vinod Chandran, Judge.

sl.