IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR WEDNESDAY, THE 22ND JULY 2009 / 31ST ASHADHA 1931 WP(C).No. 38267 of 2003(E) -------------------------- PETITIONER(S): --------------- 1. KERALA KHADI AND VILLAGE INDUSTRIES BOARD, REP. BY ITS SECRETARY, VANCHIYOOR, THIRUVANANTHAPURAM. 2. THE DIRECTOR, PAYYANNOOR KHADI CENTRE, PAYYANNOOR. 3. THE DEPUTY DIRECTOR, COTTON PROCESSING UNIT, ETTUKUDUKKA P.O. THALIPARAMBA. BY ADV. SRI.A.JAYASANKAR RESPONDENT(S): --------------- 1. STATE OF KERALA REP. BY SECRETARY TO GOVERNMENT, LABOUR AND REHABILITATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. INDUSTRIAL TRIBUNAL, KOZHIKODE. 3. THE SECRETARY, KERALA KHADI AND VILLAGE INDUSTRIES BOARD, COTTON PROCESSING UNIT WORKERS UNION, ETTUKUDUKKA P.O. THALIPARAMBA. G.P. SRI.MATHEW VADAKKEL FOR R1 ADV. SRI.P.V.SURENDRANATH FOR R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: P1: TRUE COPY OF COUNTER STATEMENT FILED BY 1ST PETITIONER BEFORE R2. P2: TRUE COPY OF RESOLUTION DT.23.2.2000 ADOPTED BY 1ST PETITIONER. P3: TRUE COPY OF AWARD DT.2.1.2003 IN ID NO.3/98 PASSED BY R2. P4: TRUE COPY OF JUDGMENT DT.8.1.2002 IN O.P. NO.36256/2001. RESPONDENT'S EXHIBITS: R3(a): TRUE COPY OF CHARTER OF DEMANDS FULLY INCORPORATED IN EXT.P3 AWARD. R3(b): TRUE COPY OF THE REJOINDER STATEMENT FILED BY THE UNION BEFORE R2. TRUE COPY PA TO JUDGE C.N.RAMACHANDRAN NAIR, J. .................................................................... W.P.(C) No.38267 of 2003 .................................................................... Dated this the 22nd day of July, 2009. JUDGMENT Heard counsel appearing for the petitioner and counsel appearing for the Union. Order under challenge is an award passed by the Industrial Tribunal, Kozhikode, granting wage revision to the employees of one Khadi Unit at Payyannur. However, it is agreed by both sides that the Government considered the award and partly approved the wage revision by it's order dated 22.5.2005. A copy of the said Government Order is produced in this court wherein it is seen that the Khadi Board has recommended withdrawal of the W.P.(C). It is also pointed out that the award though passed in 2003, is not so far implemented. In the circumstances, W.P. is closed leaving freedom to the petitioner to challenge the award, if required after implementation of the Government Order. If workers have grievance, they are also free to approach this court. C.N.RAMACHANDRAN NAIR Judge pms