IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE A.K.BASHEER THURSDAY, THE 6TH NOVEMBER 2008 / 15TH KARTHIKA 1930 OP.No. 1893 of 2002(A) -------- ---------------------- PETITIONER: ------------------ THE VAYITRI PLANTATIONS LIMITED, THALAMALA ESTASTE, VYTHIRI POST, REPRESENTED BY ITS DIRECTOR. BY ADV. SMT.T.D.RAJALAKSHMI SRI.E.R.VENKATESWARAN RESPONDENTS: ---------------------- 1. M.P.RAMANKUTTY, EX-ESTATE WORKER, THALAMALA ESTATE, VYTHIRI POST. 2. GOVERNMENT OF KERALA, REPRESENTED BY ITS SECRETARY, LABOUR AND REHABILITATION (A) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. BY ADV. SRI.P.K.RAMKUMAR FOR R1 GOVERNMENT PLEADER SMT. K. MEERA FOR R2 THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 06/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON CMP.NO.3393 OF 2002 IN OP.NO.1893 OF 2002 DISMISSED SD/- H.L DATTU, CHIEF JUSTICE. 06.11.2008. SD/- A.K. BASHEER, JUDGE. APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE ORDER OF DISMISSAL ISSUED BY THE PETITIONER DTD 8.3.1988. EXT.P2 TRUE COPY OF THE PETITION FILED BY THE 1ST RESPONDENT BEFORE THE DISTRICT LABOUR OFICER, WAYANAD DATED 6.6.98. EXT.P3 PHOTOCOPY OF THE ORDER G.O.(RT)NO.828/99/LBR DATED 19.3.1999 PASSED BY THE 2ND RESPONDENT. EXT.P4 TRUE COPY OF THE CLAIM STATEMENT FILED BY THE 1ST RESPONDENT BEFORE THE LABOUR COURT, KANNUR IN I.D.NO.9/1999 DTD 20.12.1999. /TRUE COPY/ cl H.L.DATTU, C.J. & A.K.BASHEER, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - O.P.No.1893 OF 2002 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 6th day of November, 2008 JUDGMENT H.L.DATTU, C.J. Exhibit P3 order passed by the State Government referring a point of dispute before the Labour Court for consideration and decision is the subject matter of this writ petition. (2) After failure of the conciliation proceedings, the workman had approached the State Government to refer the point of dispute for consideration and decision. The State Government, being of the opinion that such a dispute would arise for consideration of the Labour Court, has referred the following point of dispute before the Labour Court. The same is as under: “Whether the denial of employment to Sri. M.P. Ramankutty, Estate Worker with effect from 19.2.1987 is justifiable or not? If not, what relief he is entitled to?” (3) The aforesaid order is questioned by the petitioner/employer only on the ground that the State Government ought not to have referred the dispute, since the workman was dismissed from service way back in March, 1988. 2 O.P.NO.1893/02 (4) In our opinion, this contention can be canvassed by the employer before the Labour Court when the matter will be taken up for adjudication and decision. The point of dispute referred by the State Government cannot be the subject matter of this writ petition except under exceptional circumstances. In that view of the matter, we decline to entertain this writ petition. Ordered accordingly. (H.L.DATTU) CHIEF JUSTICE (A.K.BASHEER) JUDGE cl/dk. 3 O.P.NO.1893/02 H.L.DATTU, C.J. & A.K.BASHEER, J. O.P.No.1893 OF 2002 JUDGMENT 6th November, 2008