Kerala High Court
Abdulkhader P vs State Of Kerala on 25 August, 1999
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
THURSDAY, THE 17TH DAY OF NOVEMBER 2016/26TH KARTHIKA, 1938
WP(C).No. 36950 of 2016 (P)
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PETITIONER(S):
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ABDULKHADER P.,
PARANKIMAMVILA VEEDU, ELAMBALLOOR,
KUNDARA P.O., KOLLAM 691501.
BY ADV. SRI.MATHEW JAMES
RESPONDENT(S):
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1. STATE OF KERALA,
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
LABOUR DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM 695001
2. THE LABOUR OFFICER,
OFFICE OF THE LABOUR OFFICER, KOLLAM 691001
3. THE LABOUR COMMISSIONER,
THIRUVANANTHAPURAM 695001
4. THE ALUMINIUM INDUSTRIES LIMITED (ALIND),
STEEL PRODUCTS AND CONDUCTOR DIVISION NO.1,
CERAMIC FACTORY ROAD, KUNDARA,
KOLLAM DISTRICT, REPRESENTED BY ITS MANAGING
DIRECTOR, 691501
R1-R3 BY SENIOR GOVERNMENT PLEADER S.GOPINATHAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 17-11-16, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
SKG
WP(C).No. 36950 of 2016 (P)
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APPENDIX
PETITIONER(S)' EXHIBITS
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EXHIBIT P1 TRUE COPY OF THE COMMUNICATION DATED 25.08.1999 ISSUED
BY THE 4TH RESPONDENT TO THE 2ND RESPONDENT
EXHIBIT P2 TRUE COPY OF THE REPRESENTATION DATED 11.11.2015
SUBMITTED BEFORE THE 2ND RESPONDENT
EXHIBIT P3 TRUE COPY OF THE SAID REPRESENTATION TO THE
3RD RESPONDENT
RESPONDENT(S)' EXHIBITS NIL
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/TRUE COPY/
P.A.TO JUDGE
SKG
A. MUHAMED MUSTAQUE, J.
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W.P.(C) No. 36950 of 2016
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Dated this the 17th day of November, 2016
J U D G M E N T
1.The petitioner is the employee of the 4th respondent, which is declared as a sick industrial unit by BIFR. Subsequently, the BIFR sanctioned a scheme for the revival of the company. While approving this scheme, the workers of the 4th respondent approached the BIFR, stating that the 4th respondent was closed as indicated in the MoU, which was considered in SS14. It was also submitted before the BIFR that 32.25 crores provided in SS14 was only up to May/November, 1997. The management notified on 30.11.1997 that the operations of the units are suspended and the workers need not punch their attendance daily. It was indicated that whenever the operations resume, the workers will be called for work. However, the workers were not called for work till W.P.(C) No. 36950 of 2016 ..2..
date. Thereafter, the BIFR issued an order on 11.02.2014, allowing the workers/unions to approach the Labour Department/court for redressal of their grievance.
2.According to the petitioner, the State of Kerala is granting ex-gratia benefit to the workers of sick/closed industrial units during Onam festival. It is pointed out that such benefits are made available to a faction of workers of the 4th respondent. The petitioner's grievance is that he was denied such benefit. The petitioner along with similarly situated persons moved the 2nd respondent with Ext.P2 representation. Since no action was taken on Ext.P2, the petitioner submitted Ext.P3 representation before the Regional Joint Labour Commissioner, which is pending.
3.The limited request in this writ petition is a direction to the 3rd respondent to consider the grievance of the petitioner. Considering the facts and circumstances, there shall be a direction to the 3rd respondent to W.P.(C) No. 36950 of 2016 ..3..
consider Ext.P3, after notice to the petitioner and the 4th respondent, within a period of three months from the date of receipt of a copy of this judgment. The petitioner shall produce Ext.P3 before the 3rd respondent along with a copy of this judgment.
4.The writ petition is disposed of as above.
Sd/-
A. MUHAMED MUSTAQUE JUDGE bka/-