IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR MONDAY, THE 8TH NOVEMBER 2010 / 17TH KARTHIKA 1932 WP(C).No. 31399 of 2010(Y) ---------------------------------------- I.D.25/2010 of LABOUR COURT, ERNAKULAM .................... PETITIONER(S): ------------------------ 1. IRE MINING AND LOADING WORKERS UNION, (REGISTRATION NO.02-03/2003)BLOCK IV MINING, VELLANATHURUTHU,CHERIAZHEEKAL PO,KARUNAGAPPALLY, KOLLAM 690 573,REPRESENTED BY ITS GENERAL SECRETARY RAJESH. 2. IRE MINING WORKERS UNION, (REGISTRATION NO.02-03/2000)BLOCK IV MINING, VELLANATHURUTHU,CHERIAZHEEKAL PO,KARUNAGAPPALLY, KOLLAM 690 573,REPRESENTED BY ITS GENERAL SECRETARY K.SARISH. 3. K.SURESH, PUTHENPURAYIL,KOPZHIKKODE MEKKU,MUZHANGOTTU VILA,S.V.MARKET PO, KARUNAGAPPALLY, KOLLAM 690 573. 4. BRIJITH.B.A,THEKKE THUPPASSERIL, VELLANATHURUTHU,CHERIAZHEEKAL PO, KARUNAGAPPALLY, KOLLAM 690 573. 5. B.RAJESH,REVATHY,S.V.MARKET PO, KARUNAGAPPALLY, KOLLAM 690 573. BY ADV. SRI.B.SURESH KUMAR RESPONDENT(S): --------------------------- 1. THE UNION OF INDIA,REPRESENTED BY ITS SECRETARY TO THE MINISTRY OF LABOUR, GOVERNMENT OF INDIA, NEW DELHI.11001 2. THE INDIAN RARE EARTHS LIMITED, CHAVARA PO, KOLLAM 691 583, REP.BY ITS UNIT HEAD. sts WP(C)NO.31399/2010 3. IRE MINING AREA CIVIL CONTRACT WORKER'S WELFARE FORUM(REGISTRATION NO.Q 58/1997) VELLANATHURUTHU,CHERIAZHEEKAL PO, KARUNAGAPPALLY, KOLLAM 690 573, REP.BY ITS SECRETARY. 4. THE REGIONAL LABOUR COMMISSIONER (CENTRAL) OFFICE OF THE REGIONAL LABOUR COMMISSIONER,COCHIN.PIN- 682 011 5. THE ASSISTANT LABOUR COMMISSIONER (CENTRAL),THIRUVANANTHAPURAM.PIN- 695 001 R1, R4 & R5 BY ADV. SRI.T.P.M.IBRAHIM KHAN, ASST.S.G OF INDI R2 & R3 BY ADV. SRI.E.K.NANDAKUMAR SRI.A.K.JAYASANKAR NAMBIAR SRI.K.JOHN MATHAI SRI.P.BENNY THOMAS SRI.P.GOPINATH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts C.T. RAVIKUMAR, J - - - - - - - - - - - - -- - - - - - - - - - - - - - - - W.P.(C)No.31399 OF 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 8th day of November, 2010 J U D G M E N T The first and second are registered trade unions of loading workers of Block IV mining of India Rare Earths Limited at Vellanathuruthu and Thazhchayil Kadavu near Karunagappally. The petitioners 3 to 5 are mineral loading workers. The petitioners 3 and 5 are the General Secretaries of petitioners 1 and 2. They filed this writ petition mainly with a prayer to issue a writ of certiorari quashing Ext.P6 as illegal as the 1st respondent referred the entire dispute of 237 mineral loading workers for adjudication when the issue with regard to 68 workers among the 237 had already been referred by the 1st respondent as per Ext.P1 order and the issue to be referred pertained only to t he question of regularization of the remaining 170 mineral loading workers. 2. Admittedly, the dispute that has arisen in the matter of regularization of the mineral loading workers have been referred for adjudication before the Central Government Industrial Tribunal cum Labour Court, Ernakulam as per WPC.31399/2010 : 2 : Ext.P6. 3. A statement has been filed in this writ petition on behalf of respondents 4 and 5. A perusal of the statement would reveal that the respondents would also admit the fact that the demand for regularization of 68 mineral loading workers were already referred and answered as per the award in I.D 158/2006. A perusal of the statement would further reveal that they did not have a case that 237 mineral loading workers under the second respondent did not include the aforesaid 68 workers. If that be so, necessarily the figure shown in Ext.P6 as 237 cannot be correct figure whilst it should have been 237 - 68 i.e., 170. That apart, the petitioners have a case that while referring the issue for adjudication as per Ext.P6 the name of the 7th respondent was shown as K.Suresh instead of his actual name K.Sarish. Taking into account the aforesaid rival contentions this writ petition is disposed of as hereunder:- The first respondent shall look into the aforesaid grievances of the petitioners, that is, with respect to the issue as to whether it is the claim of 237 mineral loading workers or WPC.31399/2010 : 3 : it is 170 mineral loading workers that has to be referred for adjudication in view of the admitted fact that in respect of 68 mineral loading workers under the second respondent, the matter was already been referred and adjudicated as per I.D No.158/2006. The first respondent shall also look into the alleged mistake crept in Ext.P6 with regard to the name of the 7th respondent in as much as his name was wrongly incorporated therein as K.Suresh instead of K.Sarish. After looking into the said aspect, the first respondent shall issue an amended notification expeditiously, at any rate, within a period of one month from the date of receipt of a copy of this judgment. Disposed of accordingly. Sd/- (C.T. RAVIKUMAR, JUDGE) jma //true copy// P.A to Judge