IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN FRIDAY, THE 2ND JULY 2010 / 11TH ASHADHA 1932 WP(C).No. 20612 of 2010(B) ---------------------------------------- CP.37/2009 of LABOUR COURT, KOLLAM .................... PETITIONER(S): ----------------------- G.S. SUDARSANAN PILLAI, S/O.GOPALAPILLAI, ANANDA VILA VEEDUKAPPIL HOUSE, CHANADANATHOPPU POST, KOTTAMKARA, KOLLAM DISTRICT. BY ADV. SRI.A.R.GANGADAS RESPONDENT(S): -------------------------- 1. THE MANAGING PARTNER, LAKSHMAN & CO. KALLUMTHAZHAM P.O., KILIKOLLOOR, KOLLAM-4 2. DISTRICT LABOUR OFFICER, DISTRICT LABOUR OFFICE, CIVIL STATION, COLLECTORATE POST, KOLLAM-691 013. 3. REGIONAL JOINT LABOUR COMMISSIONER, OFFICE OF THE RJLC, WEST OF CIVIL STATION KOLLAM-691 013. 4. LABOUR COURT, OPP.CIVIL STATION, CATCHERY WARD, COLLECTORATE POST, KOLLAM-601 013. R2 TO R4 BY SR.GOVT. PLEADER MR.K.C. SANTHOSH KUMAR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/07/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. K.SURENDRA MOHAN, J. ------------------------------------------- W.P.(C) No.20612 of 2010 ------------------------------------------- Dated this the 2nd July, 2010 JUDGMENT This Writ Petition is filed challenging Ext.P6 order of the Labour Court, Kollam in Claim Petition No.37 of 2009. The petitioner had filed the petition under Section 33C(2) of the Industrial Disputes Act, 1947. The petitioner claimed the benefits that were conferred on the workmen by a long term settlement entered into between the Management and the Union before the Regional Joint Labour Commissioner as per Ext.P1. The contention of the petitioner was that he was entitled to recover his salary and other benefits in accordance with Ext.P1. However, the claim petition has been dismissed finding that the petitioner would have to first get the dispute referred for adjudication by a competent authority under the Industrial Disputes Act and only after an award is obtained can he file a petition under Section 33C(2) of the Act. The petitioner apprehends that the observations and findings in Ext.P6 may prejudice him while pursuing the wpc No.20612/2010 2 remedy by way of getting the matter referred for adjudication before the Labour Court under Section 10 of the Act. 2. In the above circumstances, this Writ Petition is dismissed, reserving the liberty of the petitioner to seek a reference of the dispute for adjudication by the competent authority under the Industrial Disputes Act by moving the appropriate Government for the purpose. The petitioner shall be free to file a fresh petition under Section 33C(2) after such an adjudication is completed. K.SURENDRA MOHAN, JUDGE css/