IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 15TH JULY 2010 / 24TH ASHADHA 1932 WP(C).No. 37686 of 2009(E) --------------------------------------- PETITIONER(S): ------------------------ 1. IRE MINING AND LOADING WORKERS UNION (REGISTRATION NO. 02-03/2003) BLOCK IV MINING, VELLANATHURUTHU CHERIAZHEEKAL.P.O, KARUNAGAPPALLY,KOLLAM-690 573, REPRESENTED BY ITS GENERAL SECRETARY, RAJESH. 2. IRE MINING AND WORKERS UNION, (REGISTRATION NO. 02-26/2000) BLOCK IV MINING, VELLANATHURUTHU CHERIAZHEEKAL.P.O, KARUNAGAPPALLY,KOLLAM-690 573, REPRESENTED BY ITS GENERAL SECRETARY, K. SARISH. 3. K. SURESH, PUTHENPURAYIL, KOZHIKODE MEKKU, MUZHANGOTTU VILA, S.V.MARKETP.O, KARUNAGAPALLY,KOLLAM-690573. 4. BIRJITH.B.A, THEKKE THUPASSERIL, VELLANATHURUTHU, CHERIAZHEEKAL.P.O, KARUNAGAPPALLY, KOLLAM - 690 573. 5. B. RAJESH, REVATHY, S.V. MARKET.P.O, 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. 2. THE INDIAN RARE EARTHS LIMITED, CHAVARA.P.O, KOLLAM - 691 533, REPRESENTED BY ITS UNIT HEAD. WP(C) NO.37686/2009 3. IRE MINING AREA CIVIL CONTRACT WORKERS' WELFARE FORUM (REGISTRATION NO. Q58/1997) VELLANATHURUTHU, CHERIAZHEEKAL.P.O, KARUNAGAPPALLY, KOLLAM 690 573 REPRESENTED BY ITS SECRETARY. 4. THE REGIONAL LABOUR COMMISSIONER (CENTRAL), OFFICE OF THE REGIONAL LABOUR COMMISSIONER, COCHIN 5. THE ASSISTANT LABOUR COMMISSIONER (CENTRAL), THIRUVANANTHAPURAM. R1 BY ADV. SRI.T.P.M.IBRAHIM KHAN,ASST.S.G OF INDIA R2 BY ADVS.SRI.E.K.NANDAKUMAR, SRI.A.K.JAYASANKAR NAMBIAR, SRI.K.JOHN MATHAI, SRI.P.BENNY THOMAS, SRI.P.GOPINATH, SRI.V.J.ANAND. R4 & R5 BY GOVT. PLEADER SRI.K.S.MUHAMMED HASHIM THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.376862009 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE REFERENCE ORDER DTD. 6.4.2005 ISSUED BY THE GOVERNMENT OF INDIA. P2:- COPY OF THE CHARTER OF DEMANDS DTD. 9.2.09 SUBMITTED BY THE IST PETITIONER TRADE UNION. P3:- COPY OF THE CHARTER OF DEMANDS DTD. 28.5.09 SUBMITTED BY THE 2ND PETITIONER TRADE UNION. P4:- COPY OF THE ORDER DTD. 18.11.09 ISSUED BY THE IST RESPONDENT. P5:- COPY OF THE REFERENCE ORDER DTD. 18.11.09 ISSUED BY THE IST RESPONDENT. TRUE COPY P.A. TO JUDGE tss W.P.(C) NO.37686/2009 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE P.R.RAMACHANDRA MENON, J --------------------------- W.P(C) No.37686 of 2009-E ---------------------------- Dated this the 15th day of July, 2010. J U D G M E N T The petitioner is challenging Ext.P4 order passed by the first respondent, whereby the request to refer the dispute for adjudication by the competent Court has been declined; for the reason that, similar matter is pending consideration before the Central Government Industrial Tribunal-cum-Labour Court, Ernakulam. 3. The learned counsel appearing for the second respondent submits that, the matter has already been taken up for Award by the Central Government Industrial Tribunal-cum-Labour Court, Ernakulam. However, taking note of the fact that the grievance of the petitioner is with regard to the regularisation of the workers concerned, the pendency or the non-finalisation of the similar issue by the Central Government Industrial Tribunal-cim- Labour Court is not a ground to decline reference, particularly in view of the mandate under Section 10(1) of the Industrial Disputes Act. W.P(C) No.37686 of 2009-E 2 3. In the above circumstances, Ext.P4 is set aside in respect of the issue of regularisation of the workers concerned and the first respondent is directed to cause reference of the above dispute to the appropriate Court as expeditiously as possible, at any rate within two months from the date of receipt of a copy of this judgment. The Writ Petition is disposed of. P.R.RAMACHANDRA MENON JUDGE ab