Bindu And Others v. The Regional Joint Labour Commissioner
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN WEDNESDAY, THE 7TH DAY OF JANUARY 2015/17TH POUSHA, 1936 WP(C).No. 36576 of 2009 (N) ---------------------------- PETITIONER(S) :
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1. BINDU, W/O. K.SURENDRAN, (CHECK ROLL NO.1728) AMBALATHUMVILAYIL, VELLANAD ESTATE, KARINILAM MUNDAKKAYAM.
2. RAJANI, W/O.RAJU (CHECK ROLL NO.1560) KADALIKKATTU, MUNDAKAYAM ESTATE , 2ND DIVISION MUNDAKAYAM.
3. SUJATHA, W/O.ABHAYA CHANDRAN (CHECK ROLL NO.1723) VELLANADI ESTATE, MUNDAKAYAM.
4. LISSY, W/O.K.P. DAS (CHECK ROLL NO.1721) ARIPPLAKKAL HOUSE, VELLANADI MUNDAKAYAM P.O.
5. SUBHA, W/O.SAJEEVAN (CHECK ROLL NO.1570) METHUNDIYIL, MUNDAKAYAM.
6. SHERLY, W/O.PRAKASH MUNDAKAYAM ESTATE, MUNDAKAYAM.
7. GEMINI, W/O.DEVADAS MUNDAKAYAM ESTATE, MUNDAKAYAM.
8. SARAMMA, W/O.SASI MUNDAKAYAM ESTATE, MUNDAKAYAM.
BY ADV. SRI.C.S.MANILAL RESPONDENT(S) :
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1. THE REGIONAL JOINT LABOUR COMMISSIONER OFFICE OF THE JOINT LBOUR COMMISSIONER, ERNAKULAM ...2/-
WP(C).No. 36576 of 2009 (N) -2-
2. THE DISTRICT LABOUR OFFICER, KOTTAYAM.
3. HARRISON MALAYALAM LTD (MUNDAKKAYAM ESTATE), REPRESENTED BY MANAGER MUNDAKKAYAM ESTATE OFFICE, MUNDAKKAYAM, KOTTAYAM. R1 & R2 BY GOVT. PLEADER SRI. R. RANJITH R3 BY ADVS. SRI.E.K.NANDAKUMAR SRI.K.JOHN MATHAI SRI.P.BENNY THOMAS SRI.P.GOPINATH SRI.V.J.ANAND THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Mn ...3/-
WP(C).No. 36576 of 2009 (N) APPENDIX PETITIONER'S EXHIBITS :
EXT.P1 : COPY OF THE TEMPORARY WORKERS SENIORITY LIST ( MUNDAKAYAM ESTATE) EXT.P2 COPY OF THE SETTLEMENT DEED DATED 16.7.1996.
EXT.P3 COPY OF THE SETTLEMENT DEED DATED 10.12.1998. EXT.P4 COPY OF THE PETITION TO THE MANAGER HARRISON MALAYALAM LTD., DATED 5-11-2008.
EXT.P5 COPY OF THE COMPLAINT TO THE 1ST RESPONDENT DATED 1/11/2008.
EXT.P6 COPY OF THE REQUEST DATED 20.11.09 ALONG WITH THE LIST OF APPOINTMENT.
EXT.P7 COPY OF THE REQUEST TO THE 1ST RESPONDENT DATED 15/8/2009. RESPONDENT'S EXHIBITS : NIL //TRUE COPY// P.A. TO JUDGE Mn
K. VINOD CHANDRAN, J - - - - - - - - - - - - -- - - - - - - - - - - - - - - - W.P(C) No. 36576 of 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 07th day of January, 2015
J U D G M E N T
The petitioners who claimed to be temporary workers under the 3rd respondent, sought for immediate action on Ext.P7 representation filed before the Regional Joint Labour Commissioner, the first respondent herein. Obviously, on a reading of the averments as also the petition produced at Ext.P7, the contention is with respect to the regularization of the temporary workers. Subsequent to the filing of the writ petition, the learned counsel for the 3rd respondent submits that a notice was issued by the RJLC dated 25.01.2010 and according to their information, conciliation proceedings are pending consideration before the RJLC.
2. The learned counsel, who was originally appearing for the petitioners submits that he has relinquished the vakalath and the parties have taken the files back. In any event, the writ petition is only for consideration of Ext.P7, proceedings said to be pending from 2009 onwards. The RJLC, the first respondent herein shall finalise the
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proceedings if not yet finalised, as expeditiously as possible. It is made clear that this Court has not made any observation on merits and the contentions of either parties will be left open for consideration before the appropriate forum. Writ petition would stand disposed of.
Sd/- (K. VINOD CHANDRAN, JUDGE) jma //true copy// P.A to Judge