High Court of KeralaWP(C)/32646/2014disposed of

Rajkumar K. v. M/S. Bharat Petroleum Corporation

2015-01-30Honourable Mr.Justice K.Vinod Chandran3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN FRIDAY, THE 30TH DAY OF JANUARY 2015/10TH MAGHA, 1936 WP(C).No. 32646 of 2014 (E) ---------------------------- PETITIONER:

----------------- RAJKUMAR K.

HOUSE NO.111/A, ANN VILLA, CHOTTANIKKARA 682 312. BY ADVS.SRI.A.JAYASANKAR SRI.C.V.MANUVILSAN SRI.MANU GOVIND RESPONDENTS:

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1. M/S. BHARAT PETROLEUM CORPORATION LIMITED KOCHI REFINERY, (BPCL-KR), COCHIN - 682 302 REPRESENTED BY ITS GENERAL MANAGER (HR).

2. THE ASSISTANT LABOUR COMMISSIONER (CENTRAL) KENDRIYA SHRAM SADAN, OLIMUKAL, KAKKANAD ERNAKULAM - 30.

3. THE UNION OF INDIA REPRESENTED BY THE SECRETARY MINISTRY OF LABOUR AND EMPLOYMENT SHRAM SHAKTHI BHAVAN, NEW DELHI 110 001.

R2-R3 BY ADV. SRI.N.NAGARESH, ASSISTANT SOLICITOR GENERAL R1 BY SRI.M.GOPIKRISHNAN NAMBIAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 32646 of 2014 (E) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT.P-1:

PHOTOCOPY OF THE REPRESENTATION DATED 19.2.2014, FILED BY THE PETITIONERS BEFORE THE 2ND RESPONDENT/CONCILIATION OFFICER.

EXT.P-2:

COPY OF THE ORDER OF STATUS QUO DATED 20.2.2014 EXT.P-3:

COPY OF THE COMPLAINT DATED 24.2.2014 MADE BY THE PETITIONER AND HIS GROUP BEFORE THE 2ND RESPONDENT/CONCILIATION OFFICER EXT.P-4:

COPY OF THE JUDGEMENT DATED 1.4.2014 IN WRIT PETITION (CIVIL) NO.6781/2014 EXT.P-5:

COPY OF THE CONCILIATION REPORT DATED 28.8.2014 RESPONDENT(S)' EXHIBITS: N I L --------------------------------------- //TRUE COPY// P.A. TO JUDGE

K. VINOD CHANDRAN, J.

------------------------------- W.P.(C) No.32646 of 2014 ---------------------------------------------- Dated this the 30th day of January, 2015

JUDGMENT

The petitioner is aggrieved with delay in the reference of a dispute raised by the petitioner herein. As per the direction of this Court, failure report in pursuance to the conciliation was sent by the 2nd respondent as per Ext.P5, as early as on 06.05.2014. However, the date shown in Ext.P5 is not clear since it is handwritten as 28.08.2014.

In any event, if the same has been received by the 3rd respondent, the Secretary, Ministry of Labour and Employment shall consider the issue at any rate within a period of 'three months' from the date of receipt of a certified copy of this judgment and issue resultant communication to the petitioner. K. VINOD CHANDRAN, JV JUDGE