IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 29TH AUGUST 2008 / 7TH BHADRA 1930 WP(C).No. 26153 of 2008(L) -------------------------- PETITIONER: ---------------- E.K.SATHEESH, SECRETARY, NADUKKARA AGRO PROCESSING COMPANY SWATHNTHRA WORKERS UNION, ELAVUMKAL BUILDING, VAZHAKKULAM, NADUKKARA, AVOLI RESIDING AT EETHUNGAL, ADDORPARAMBU, MOOVATTUPUZHA.P.O. BY ADV. SRI.A.N.RAJAN BABU SRI.P.GOPALAKRISHNAN (MVA) SRI.A.R.EASWAR LAL RESPONDENTS: ------------------ 1. NADUKKARA AGRO PROCESSING COMPANY LTD, NADUKKARA, AVILE.P.O.MOOVATTUPUZHA-686677 KERALA REPRESENTED BY ITS MANAGING DIRECTOR. 2. MANAGING DIRECTOR, NADUKKARA AGRO PROCESSING COMPANY LTD, NADUKKARA, AVOLI.P.O, MUVATTUPUZHA. 3. SOJAN JOSEPH SEASONAL WORKER NADUKKARA AGRO PROCESSING COMPANY LTD, NADUKKARA, AVOLI.P.O, MOOVATTUPUZHA. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J. ------------------------------------ W.P.(C)No.26153 OF 2008 ---------------------------------------- Dated this the 29th day of August, 2008 JUDGMENT The petitioner claims to be the Secretary of a Union of seasonal workers of the 1st respondent Company. The petitioner's grievance in this writ petition is that the 1st respondent Company is taking steps to regularise 30 seasonal workers overlooking seniority. The petitioner therefore seeks the following reliefs: “i. to issue a writ of prohibition restraining the Respondents from regularizing the members included in Ext.P3 list. ii. to issue a writ of mandamus or any other appropriate writ or directing the respondents to regularise the seasonal workers who were selected and engaged from 1998 without any discrimination. iii. To issue a writ of mandamus directing the respondents to make guidelines and norms for regularisation of seasonal workers and also providing principle as of reservation for backward communities and scheduled caste communities. iv. To issue a writ of mandamus directing the respondents not to regularise members in p3 list before making any norms approved by the government”. W.P.(c)no.26153/08 2 I am of opinion that the matter involves ascertainment of facts on evidence. In so far as this qualifies as an industrial dispute, the petitioner's remedy lies in raising an industrial dispute under the Industrial Disputes Act. Therefore, without prejudice to the right of the petitioner to raise an industrial dispute as per the provisions of the Industrial Disputes Act, this writ petition is dismissed. S. SIRI JAGAN, JUDGE Acd W.P.(c)no.26153/08 3