IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 28TH FEBRUARY 2011 / 9TH PHALGUNA 1932 WP(C).No. 37098 of 2010(J) -------------------------- PETITIONER(S): ----------------------- 1. ALL INDIA BATA SHOP EMPLOYEES UNION, REG.NO.755, SHOE STORE, M.A.ROAD, KANNUR-670 001, REPRESENTED BY ITS CHIEF ZONAL ORGANIZER, (KERALA - COIMBATORE ZONE), P.C.JAYARAJ. 2. P.P.REGHUNATHAN, AREA ASSISTANT SECRETARY CUM ALL INDIA EXECUTIVE MEMBER, BATA SHOE STORE, THALASSERY. BY ADVS. SRI.C.ANIL KUMAR SMT.A.K.PREETHA RESPONDENT(S): RESPONDENTS ----------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, LABOUR DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 695 001 2. LABOUR COMMISSIONER, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM.695 001 3. BATA INDIA LIMITED, REPRESENTED BY ITS MANAGING DIRECTOR, BATA HOUSE, 418/02, SECTION 17, GURGAON, MERIHIULI ROAD, GURGAON.110 001 GOVT. PLEADER SRI. M.A. ASIF FOR R1,2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: kp W.P.(C) No. 37098 OF 2010. APPENDIX PETITIONERS' EXHIBIT: EXT.P1: TRUE COPY OF THE JUDGMENT IN W.A.No2900/09. EXT.P2: TRUE COPY OF THE JUDGMENT IN CON. CASE © No.905/2010. EXT.P3: TRUE COPY OF THE REFERENCE ORDER ISSUED BY THE 1ST RESPONDENT, No.G.O.(Rt) No.1617/2010/LBR. EXT.P4: TRUE COPY OF THE REFERENCE ORDER ISSUED BY THE 1ST RESPONDENT, No.G.O.(Rt)No.1616/2010/LBR. EXT.P5: TRUE COPY OF THE REFERENCE ORDER ISSUED BY THE 1ST RESPONDENT, No.G.O.(Rt)No.1615/2010/LBR. EXT.P6: TRUE COPY OF THE REFERENCE ORDER ISSUED BY THE 1ST RESPONDENT, No.G.O.(Rt)No.1618/2010/LBR. EXT.P7: TRUE COPY OF THE REPRESENTATION DATED 21.10.2010 SUBMITTED BY THE 1ST PETITIONER TO THE 1ST RESPONDENT. RESPONDENTS' EXHIBIT: NIL //TRUE COPY// P.A. TO JUDGE. P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 37098 OF 2010 -------------------------- Dated this the 28th day of February, 2011 J U D G M E N T The prayer in this writ petition is to consolidate the dispute referred as per Exts.P3 to P6 orders and to refer the disputes to the Labour Court, Ernakulam in order to facilitate expeditious disposal and to prevent conflicting orders being passed. When the writ petition came up for hearing today, Sri.M.A.Asif, the learned Government Pleader submitted that the Government have issued G.O.(Rt) No.244/2011/LBR dated 11.2.2011 transferring the industrial disputes referred to the Industrial Tribunal, Palakkad and the Labour Court, Kannur to the Labour Court, Ernakulam for adjudication by invoking the power of the Government under section 33B of the Industrial Disputes Act. The petitioners cannot therefore have any subsisting grievance. The writ petition is accordingly closed as infructuous. P.N.RAVINDRAN, (JUDGE) vps WPC No. 2 WPC No. 3 WPC No. 4 P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 37098 OF 2010 -------------------------- Dated this the 10th day of January, 2011 O R D E R Heard the learned counsel on both sides. From the pleadings and the materials on record, to me it appears that it would be desirable if the disputes referred by the Government under Exts.P3 to P6 orders to various Labour Courts/Industrial Tribunals are consolidated and decided by the very same court or Tribunal. There will be accordingly an interim order directing the competent authority in the Government to consider the request made by the first petitioner in Ext.P7 and take an appropriate decision thereon expeditiously and in any event within three weeks from the date on which the petitioner produces a copy of this order before the Secretary to Government, Labour and Rehabilitation Department. The Government shall while taking a decision in the matter, afford the first petitioner and the representative of the management a reasonable opportunity of being heard. The Government shall after a decision is taken in the matter, place on record a copy of the decision through the learned Government Pleader. Post after three weeks. Till such time, there will be an interim order staying the trial and disposal of the various disputes referred to in Exts.P3 WPC No. 5 to P6 Government orders. Handover a copy of this order to both sides on usual terms. P.N.RAVINDRAN, (JUDGE) vps WPC No. 6