IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 15TH JUNE 2009 / 25TH JYAISHTA 1931 WP(C).No. 14231 of 2009(Y) -------------------------- PETITIONER(S): --------------- 1. M.K.PABHAKARAN, SECRETARY, KOTTAYAM RUBBER OWRKERS UNION, KOTTAYAM. 2. MANI THOMAS, CHIRAYIL, MANARCAUD(WORKER, MODEL TECHNICALLY SPECIFIED RUBBER FACTORY), MANGANAM, KOTTAYAM-18. 3. GOPAKUMAR, S/O.VASUDEVAN PILLAI, AGED 41 YEARS, RESIDING AT KOTTOORKALIYIKKAL, MANGANAM P.O., KOTTAYAM. BY ADV. SRI.K.GOPALAKRISHNA KURUP RESPONDENT(S): --------------- 1. RUBBER BOARD, REP.BY IT'S SECRETARY, RUBBER BOARD, KOTTAYAM. 2. JOINT DIRECTOR (FACTORY MANAGEMENT DIVISION), MODEL TECHNICALLY SPECIFIED RUBBER FACTORY, MANGANAM P.O., KOTTAYAM-686 018. ADV. SRI.JOSEPH KODIANTHARA SRI.TERRY V.JAMES THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).14231/2009 -------------------- Dated this the 15th day of June, 2009 JUDGMENT Heard Mr.Gopalakrishna Kurup, learned counsel for the petitioners and Mr.Joseph Kodianthara, learned counsel appearing for the respondents. 2. Petitioners 2 and 3 are working in the Model Technically Specified Rubber Factory under the management of the 1st respondent. By Ext.P1, the 2nd respondent declared a lay off in the factory. 1st petitioner/Union contended that workers are entitled to full wages during the period of lay off. The Board took a stand that they are prepared to pay lay off wages equivalent to 50% of the basic pay. Petitioners contend that the standing orders adopted by the 2nd respondent is not certified and the Board is therefore, not entitled to declare a lay off. According to them, workers are entitled to full wages for the period from 29.12.2008 to 3.1.2009 W.P.(C).14231/2009 2 and from 12.1.2009 to 21.9.2009. 3. Statement has been filed by the respondent challenging the maintainability of the petition. According to them, remedy is to approach the concerned Industrial Tribunal or the Labour Court as the case maybe. The question as to whether the workers are entitled to full wages for the period of lay off and whether the lay off was declared legally are matters which may have to be decided by the appropriate forum under the Industrial Disputes Act. Writ petition is therefore, disposed of reserving the liberty of the petitioners to approach the competent forum under the Industrial Disputes Act. V.GIRI, Judge mrcs