Kerala High Court
Ntpc Limited vs The Regional Labour Commissioner on 1 April, 2026
2026:KER:29689
WP(C) NO. 30114 OF 2025 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
WEDNESDAY, THE 1ST DAY OF APRIL 2026 / 11TH CHAITHRA, 1948
WP(C) NO. 30114 OF 2025
PETITIONER/S:
NTPC LIMITED, REGISTERED OFFICE: NTPC BHAVAN,
SCOPE COMPLEX 7, INSTITUTIONAL AREA, LODHI ROAD,
NEW DELHI,
REPRESENTED BY ITS ADDITIONAL GENERAL MANAGER,
NTPC-RGCC POWER PROJECT, CHOOLATHERUVU,
ALAPPUZHA DISTRICT, KERALA, PIN - 690506
BY ADVS.
SMT.LATHA ANAND
SRI.M.N.RADHAKRISHNA MENON
SRI.K.R.PRAMOTH KUMAR
SRI.S.VISHNU (ARIKKATTIL)
SRI.RADHAKRISHNA PILLAI B
SHRI.SIDHARTH P.S.
RESPONDENT/S:
1 THE REGIONAL LABOUR COMMISSIONER,
E-1, T.C. 12/1116(2), BSNL OFFICERS QUARTERS,
LAW COLLEGE JUNCTION, BARTON HILL, VIKAS BHAVAN P.O.,
THIRUVANANTHAPURAM, PIN - 695033
2 KERALA PETROLEUM AND GAS WORKERS UNION (CITU),
SHONOY ROAD, PAREKATTIL LANE, ERNAKULAM,
REPRESENTED BY ITS GENERAL SECRETARY, PIN - 682017
3 GAS OIL LUBRICANT & FUEL (GOLF) WORKERS UNION (INTUC),
INTUC BHAVAN, NEW BAZAR, ALAPPUZHA,
REPRESENTED BY ITS PRESIDENT, PIN - 688001
2026:KER:29689
WP(C) NO. 30114 OF 2025 2
4 BHARAT PETROLEUM CORPORATION LIMITED,BHARAT BHAVAN,
PALLARD ESTATE, 4&6 CURRIMBHOUY ROAD, MUMBAI,
REPRESENTED BY ITS CHAIRMAN & MANAGING DIRECTOR,
PIN - 400001
5 QUARTET INDUSTRIAL SOLUTIONS PRIVATE LIMITED,
ASWATHY APARTMENTS, AAKKIPADIKKAL LANE,
CHUTTUPADUKARA, EDAPPALLY, KOCHI,
REPRESENTED BY ITS MANAGING DIRECTOR, PIN - 682024
BY ADVS.
SHRI.S.KRISHNA MOORTHY(ERNAKULAM)
SHRI.ABEL TOM BENNY
SHRI.V.KRISHNAN KUTTY
SHRI.BALAGOPALAN B.
SMT.SREEDEVI RADHAKRISHNAN
SRI.D.PREM KAMATH
SRI.TOM THOMAS (KAKKUZHIYIL)
SHRI.AARON ZACHARIAS BENNY
SHRI.ALAN J YOGYAVEEDU
SHRI. MATHEW ANGELO DAVIS
SMT.ANANDITHA RAJEEV
SHRI.CLINT JUDE LEWIS
SRI. P.R AJITHKUMAR
SRI. V.K. SUNIL, GP
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
01.04.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2026:KER:29689
WP(C) NO. 30114 OF 2025 3
JUDGMENT
This writ petition has been filed by the NTPC Limited challenging Exhibit P9 order of the 1st respondent.
2. It is the case of the petitioner that while attempting conciliation of disputes under the provisions of the Industrial Disputes Act, 1947, the 1st respondent proceeded to issue certain directions. It is submitted that, while the 1 st respondent may have the authority to hold conciliation proceedings, if there was a failure of conciliation, the matter could only have been referred to the appropriate Government and the appropriate Government ought to have referred the matter for adjudication of the Labour Court/Industrial Tribunal. It is submitted that, in such circumstances, Exhibit P9 is without jurisdiction and is liable to be set aside.
3. Sri. S. Krishna Moorthy, the learned counsel appearing for respondent Nos.2 and 3, the Trade Unions, who espoused the case of the workers in question would submit that the 1st respondent has not properly attempted any settlement of the disputes. It is submitted that, there is no regular sitting at the Central Government Industrial Tribunal and even if the dispute is referred for adjudication to the Central Government 2026:KER:29689 WP(C) NO. 30114 OF 2025 4 Industrial Tribunal, the workers will be put to great prejudice as their claims will be without adjudication for large number of years. It is submitted that, in such circumstances, it is only proper that fresh conciliation proceedings are held. It is submitted that, conciliation can be at the instance of the Deputy Chief Labour Commissioner (Central) at Kochi, who is the officer superior in rank to the 1st respondent.
4. Learned counsel appearing for the petitioner, in reply, would submit that the petitioner was initially using 'Naphtha' as fuel at its power plant at Kayamkulam. It is submitted that, initially, there was a fuel supply agreement with Bharat Petroleum Corporation Limited (BPCL) and BPCL had set up a fuel depot and had also engaged contractors to manage and operate the fuel depot. It is submitted that the workers in question were engaged by the contractor so entrusted by the BPCL. It is submitted that, the NTPC has now shifted to alternative fuel and the agreement with BPCL has also come to an end. It is submitted that, it is in such circumstances that, the workers were disengaged by the contractor. It is submitted that the workers cannot have any claim against NTPC.
5. The learned counsel appearing for the BPCL would submit that the workers in question were never engaged directly 2026:KER:29689 WP(C) NO. 30114 OF 2025 5 by BPCL and were engaged only by the contractor, who was in turn engaged by the BPCL to maintain fuel depot, for the purposes of supply of 'Naphtha' to NTPC. It is submitted that the workers cannot have any claim against BPCL.
6. Despite service of notice, there is no appearance for the 5th respondent.
7. Having heard the learned counsel appearing for the petitioner, the learned Central Government Counsel appearing for the 1st respondent, the learned counsel appearing for respondent Nos.2 and 3 and the learned Counsel appearing for the 4th respondent, I am of the view that this writ petition can be disposed of setting aside Exhibit P9 as the 1st respondent could not have issued any 'directions' while holding conciliation proceedings.
Accordingly, Exhibit P9 is set aside. It is directed that the disputes between the workers represented by respondent Nos.2 and 3 and the petitioner/ respondent Nos.4 and 5 can be referred to the Deputy Chief Labour Commissioner (Central) (having his office at Kochi) to attempt a conciliation in the manner as contemplated by the provisions of the Industrial Disputes Act, 1947 or the corresponding provisions of the Industrial Relations Code, 2020. It is made clear that the 2026:KER:29689 WP(C) NO. 30114 OF 2025 6 petitioner and respondent Nos.2,3,4 and 5 shall be provided an opportunity to participate in the conciliation proceedings. The Deputy Chief Labour Commissioner (Central), Kochi shall attempt to complete the conciliation proceedings after notice to all the parties concerned, within a period of three months from the date of receipt of a certified copy of this judgment. All questions of law raised in the writ petition are left open for adjudication, at a later stage, if necessary.
The writ petition is disposed of as above.
Sd/-
GOPINATH P. JUDGE ajt 2026:KER:29689 WP(C) NO. 30114 OF 2025 7 APPENDIX OF WP(C) NO. 30114 OF 2025 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE 'FUEL SUPPLY AGREEMENT' DATED 02/03/2020 ENTERED INTO THE PETITIONER AND THE 4TH RESPONDENT Exhibit P2 TRUE COPY OF THE 'SUPPLEMENTARY FUEL SUPPLY AGREEMENT' DATED 27/12/2024 ENTERED BETWEEN THE PETITIONER AND M/S BPCL Exhibit P3 TRUE COPY OF THE DOWNLOADED COPY FROM THE WEBSITE OF DEPARTMENT OF FACTORIES AND BOILERS, GOVERNMENT OF KERALA (HTTPS://WWW.FABKERALA.GOV.IN) OF THE CERTIFICATE OF REGISTRATION PERMIT NO 53/2010 DATED 25.02.2010 Exhibit P4 TRUE COPY OF THE ANNUAL RETURN DATED 15.01.2025 Exhibit P5 TRUE COPY OF THE AGREEMENT DATED 12/10/2022 BETWEEN M/S BPCL AND M/S QUARTET INDUSTRIAL SOLUTIONS PVT LTD Exhibit P6 TRUE COPY OF MEMORANDUM OF SETTLEMENT DATED 03.10.2024 ENTERED BETWEEN THE M/S QUARTET (AS CONTRACTOR OF BPCL) AND THE WORKERS UNION Exhibit P7 TRUE COPY OF THE NOTICE DATED 26/03/2025 ISSUED BY THE 1ST RESPONDENT, ALONG WITH THE REPRESENTATION Exhibit P8 TRUE COPY OF THE PROCEEDINGS DATED 26/06/2025 Exhibit P9 TRUE COPY OF THE LETTER/ORDER DATED 08/07/2025 ISSUED BY THE 1ST RESPONDENT Exhibit P10 TRUE COPY OF THE LETTER DATED 22.07.2025 SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT RESPONDENT ANNEXURES Annexure R2A The true copy of the Minutes of the meeting held on 16.04.2025 along with typed copy Annexure R2B The true copy of the Minutes of the meeting held on 23.05.2025 along with typed copy Annexure R2C A true copy of the Tender floated by the NTPC management