Kerala High Court
Sunil Peter vs Kerala State Road Transport ... on 20 December, 2019
Equivalent citations: AIRONLINE 2019 KER 1270
Author: A.Muhamed Mustaque
Bench: A.Muhamed Mustaque
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
FRIDAY, THE 20TH DAY OF DECEMBER 2019 / 29TH AGRAHAYANA, 1941
WP(C).No.32482 OF 2019(I)
PETITIONER/S:
1 SUNIL PETER, AGED 46 YEARS, PARAPARAMPIL, VADAVATHOOR
P.O., KOTTAYAM DISTRICT-686 010 (MECHANIC, KSRTC,
REGIONAL WORK SHOP, MAVELIKARA).
2 A.S.BOBAN, ANAPUZHA HOUSE, JEEN COTTAGE, VENNALA
P.O., KOCHI-682 028. (DRIVER, KSRTC, ERNAKULAM
DEPOT).
3 K.C. CHANDRALAL, CHANDRALAYAM, VALAMBOORKARA
PATTIMATTOM P.O., ERNAKULAM-683 562 (DRIVER, KSRTC,
ERNAKULAM DEPOT).
4 M.M.MUHAMMED, MOLADAN HOSUE, NEDUNGAPRA P.O.,
ERNAKULAM-683 545 (DRIVER, KSRTC, ERNAKULAM DEPOT).
BY ADV. SRI.N.SASIDHARAN UNNITHAN
RESPONDENT/S:
1 KERALA STATE ROAD TRANSPORT CORPORATION
REPRESETNED BY ITS MANAGING DIRECTOR, TRANSPORT
BHAVAN, FORT THIRUVANANTHAPURAM-695 023.
2 EXECUTIVE DIRECTOR (ADMINISTRATION), KSRTC, TRANSPORT
BHAVAN, FORT, THIRUVANANTHAPURAM-695 023.
3 WORKS MANAGER, KSRTC REGIONAL WORK SHOP MAVELIKKARA,
ALAPPUZHA DISTRICT-690 101.
4 DISTRICT TRANSPORT OFFICER, KSRTC, ERNAKULAM DEPOT
ERNAKULAM-682 012.
BY STANDING COUNSEL, SRI.T P SAJAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
20.12.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.32482/2019 2
JUDGMENT
Dated this the 20th day of December 2019 The petitioners are employees of the Kerala State Transport Corporation (KSRTC). According to the petitioner, KSRTC is bound to constitute the Grievance Redressal Committee as contemplated under Section 9C of the Industrial Disputes Act, 1947 (for short, the 'Act').
2. The learned Standing Counsel, on instructions, submitted that no Grievance Redressal Committee has been constituted. It is appropriate to refer to Section 9C of the Act, which reads thus:
9C. Setting up of Grievance Redressal Machinery:
(1)Every industrial establishment employing twenty or more workmen shall have one or more Grievance Redressal Committee for the resolution of disputes arising out of individual grievances.
(2)The Grievance Redressal Committee shall consist of equal number of members from the employer and the workmen. (3)The chairperson of the Grievance Redressal Committee shall be selected from the employer and from among the workmen alternatively on rotation basis every year. (4) The total number of members of the Grievance Redressal Committee shall not exceed more than six:
Provided that there shall be, as far as practicable, one woman member if the Grievance Redressal Committee has two members and in case the number of members are more than two, the number of women members may be increased proportionately.WP(C).No.32482/2019 3
(5) Notwithstanding anything contained in this section, the setting up of Grievance Redressal Committee shall not affect the right of the workman to raise industrial dispute on the same matter under the provisions of this Act. (6) The Grievance Redressal Committee may complete its proceedings within thirty days on receipt of a written application by or on behalf of the aggrieved party. (7) The workman who is aggrieved of the derision of the Grievance Redressal Committee may prefer an appeal to the employer against the decision of Grievance Redressal Committee and the employer shall, within one month from the date of receipt of such appeal, dispose off the same and send a copy of his decision to the workman concerned. (8) Nothing contained in this section shall apply to the workmen for whom there is an established Grievance Redressal Mechanism in the establishment concerned.
There is no dispute to the fact that Section 9C of the Act is not applicable to the KSRTC. The constitution of Grievance Redressal Committee is statutory and imperative. KSRTC is bound to constitute such Grievance Redressal Committee. There is no exception for KSRTC. In such circumstances, KSRTC is directed to constitute a Grievance Redressal Committee in terms of Section 9C of the Act within a period of two months.
The writ petition is disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE JUDGE ln WP(C).No.32482/2019 4 APPENDIX PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE RELIEVING MEMO DATED 22.10.2019 ISSUED BY THE ASSISTANT TRANSPORT OFFICER, PONKUNNAM.
EXHIBIT P2 TRUE COPY OF THE MEMORANDUM DATED 31.10.2019 ISSUED BY THE 3RD RESPONDENT.
EXHIBIT P3 TRUE COPY OF THE REPRESENTATION DATED 6.11.2019 OF THE IST PETITIONER.
EXHIBIT P4 TRUE COPY OF THE SALARY SLIP OF THE 2ND PETITIONER FOR THE MONTH OF OCTOBER, 2019 ISSUED BY THE 4TH RESPONDENT.
EXHIBIT P5 TRUE COPY OF THE WRITTEN REQUEST OF THE 2ND PETITIONER DATED 20.11.2019 MADE TO THE 4TH RESPONDENT.
EXHIBIT P6 TRUE COPY OF THE RECOVERY CERTIFICATE DATED 19.3.2019 ISSUED BY THE 4TH RESPONDENT.
EXHIBIT P7 TRUE COPY OF THE LETTER DATED 17.7.2019 ISSUED FROM THE MUVATTUPUZHA KSRTC EMPLOYEES CO- OPERATIVE SOCIETY.
EXHIBIT P8 TRUE COPY OF THE WRITTEN REQUEST OF THE 3RD PETITIONER DATED 20.11.2019 MADE TO THE 4TH RESPONDENT.
EXHIBIT P9 TRUE COPY OF THE SALARY SLIP OF THE 4TH PETITIONER FOR THE MONTH OF SEPTEMBER 2019. EXHIBIT P10 TRUE COPY OF THE WRITTEN REQUEST OF THE 4TH PETITIONER DATED 20.11.2019 MADE TO THE 4TH RESPONDENT.
RESPONDENTS EXHIBITS:NIL.
//TRUE COPY// P.A.TO JUDGE