IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 16TH JUNE 2011 / 26TH JYAISHTA 1933 WP(C).No. 10697 of 2010(J) --------------------------------- PETITIONER(S): ------------------- 1. CHERIAN P.V., AGED 48 YEARS, S/O.M.V.VARGHESE, PEREKKATTIL KILITHATTIL HOUSE, VADAKODE P.O., KANGARAPPADY, ERNAKULAM DISTRICT, PIN:682021. 2. RAMANAN K.V., AGED 39 YEARS, S/O.K.M.VALLON, KODUMBIL HOUSE, SOUTH CHITTOOR P.O., ERNAKULAM DISTRICT, PIN 682027. 3. BIJUKUMAR P.S., AGED 35 YEARS, S/O.P.K.SUBRAMANIAN, PALAMITTAM HOUSE, NARAKKAL P.O., ERNAKULAM DISTRICT, PIN 682 505. 4. SUDHEER M.A., AGED 39 YEARS, S/O.M.S.ARAVINDHAKSHAN, MALIKAPPARAMBIL HOUSE, UDAYAMPEROOR P.O., ERNAKULAM DISTRICT, PIN:682307. 5. SURESH S., AGED 38 YEARS, S/O.SIVATHANU, SREEMANDHIRAM HOUSE, HMT JUNCTION, KALAMASSERY P.O ERNAKULAM DISTRICT, PIN 683 104. 6. SHAJI M.S., AGED 38 YEARS, S/O.M.V.SIVARAMAN, MOLOTH HOUSE, HMT COLONY P.O., KALAMASSERY, ERNAKULAM DISTRICT, PIN:683503. 7. ANILKUMAR V.K., AGED 39 YEARS, S/O.KRISHNANKUTTY, VELLAMKUZHIYIL HOUSE, THAYIKKATTUKARA P.O., AMATTUKAVU, ALUVA, ERNAKULAM DISTRICT, PIN:683106. svs .............2/-... ...2... WPC.NO.10697/2010 8. HARIDAS M.S., AGED 48 YEARS, S/O.T.N.SANKARAN NAIR, MULAMTTATHIL HOUSE, ELANGAVAM, VARAPETTY P.O., KOTHAMANGALAM, ERNAKULAM DISTRICT, PIN:686691. 9. SAJU P.L., AGED 35 YEARS, S/O.P.V.LONAN, PUTHIYAKULANGARA HOUSE, PONNARIMANGALAM, MULAVUKADU P.O., ERNAKULAM DISTRICT, PIN:682504. 10. RAJENDRAN U.V., AGED 48 YEARS, S/O.VASU, MENON PARAMBIL HOUSE, MAMANGALAM, PALARIVATTOM P.O., ERNAKULAM DISTRICT, PIN :682025. 11. BIJU M.N., AGED 38 YEARS, S/O.M.T.NARAYANAN, MORUTHARA HOUSE, MARADU P.O., ERNAKULAM DISTRICT, PIN:682 304. 12. BOBAN C., AREEKKAL, AGED 42 YEARS, S/O.A.K.CHUMMAR, AREEKKAL HOUSE, AZHAKAM P.O., ANGAMALY, ERNAKULAM DISTRICT, PIN 683 577. 13. BAIJU P.B., AGED 36 YEARS, S/O.P.A.BHASKARAN, PARAYIL HOUSE, THAIKKATTUKARA P.O., ALUVA, ERNAKULAM DISTRICT, PIN 683 106. BY ADVS. SRI.KKM.SHERIF SRI.LAL K.JOSEPH SRI.A.A.ZIYAD RAHMAN SRI.V.R.REKESH RESPONDENT(S): -------------------- 1. UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTER OF COMMERCE AND INDUSTRY, GOVERNMENT OF INDIA, UDYOG BHAVAN, NEW DELHI. 2. HMT LTD., HAVING ITS REGISTERED OFFICE AT 59, BELLARY ROAD, BANGLORE 560 032, REPRESENTED BY ITS CHAIRMAN. 3. HMT MACHINE TOOLS LTD., HMT COLONY POST, KALAMASSERRY-683 501 REPRESENTED BY ITS GENERAL MANAGER. svs ............3/-.... ...3... WPC. NO.10697/2010 4. CHIEF LABOUR COMMISSIONER (CENTRAL) SHRAM SHAKTHI BHAVAN, RAFIMARG, NEW DELHI. 5. REGIONAL LABOUR COMMISSIONER (CENTRAL), OFFICE OF REGIONAL LABOUR COMMISSIONER (CENTRAL) KENDRIYASHRAM SADAN, KAKKANADU, KOCHI-30. 6. LABOUR ENFORCEMENT OFFICER, OFFICE OF REGIONAL LABOUR COMMISSIONER (CENTRAL) KENDRIYASHRAM SADAN, KAKKANADU, KOCHI-30. R1 BY ADV. SRI.T.P.M.IBRAHIM KHAN,ASST.S.G OF INDI R1,4,5&6 BY ADV.SRI.P.PARAMESWARAN NAIR,ASG OF INDIA R3 BY SRI.M.PATHROSE MATTHAI, SENIOR ADVOCATE R2 & R3 BY ADVS.SRI.SAJI VARGHESE SMT.MARIAM MATHAI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(C). NO. 10697/2010 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE NATIONAL APPRENTICESHIP CERTIFICATE NO.073637 DATED APRIL 1985 AWARDED TO THE 1ST PETITIONER. P1(a):COPY OF THE CERTIFICATE NO.HMT/IV/PD/1046/A DATED 24/07/1985 ISSUED TO THE 1ST PETITIONER. P2: COPY OF THE NATIONAL APPRENTICESHIP CERTIFICATE NO.913121 DATED APRIL, 1994. P2(a):COPY OF THE CERTIFICATE NO.HMT/IV/PD/A686 DATED 24/07/1985 ISSUED TO THE 2ND PETITIONER. P3: COPY OF THE NATIONAL APPRENTICESHIP CERTIFICATE NO.K/95/4306/M DATED MAY 1998 AWARDED TO THE 3RD PETITIONER. P3(a):COPY OF THE CERTIFICATE NO.HMT/IV/TC-A990 DATED 20/05/1998 ISSUED TO THE 3ED PETITIONER. P4: COPY OF THE NATIONAL APPRENTICESHIP CERTIFICATE NO.15846 DATED NOVEMBER, 1991 AWARDED TO THE 4TH PETIITONER. P4(a):COPY OF THE CERTIFICATE NO.HMT/IV/PD/A458 DATED 31/07/1991 ISSUED TO THE 4TH PETITIONER. P5: COPY OF THE NATIONAL APPRENTICESHIP CERTIFICATE NO.122580 DATED DECEMBER, 1992 AWARDED TO THE 5TH PETITIONER. P5(a):COPY OF THE CERTIFICATE NO.HMT/IV/PD/A553 DATED 31/12/1992 ISSUED TO THE 5TH PETITIONER. P6: COPY OF THE NATIONAL APPRENTICESHIP CERTIFICATE NO.112031 DATED MAY 1997 AWARDED TO THE 6TH PETITIONER. P6(a):COPY OF THE CERTIFICATE NO.HMT/IV/TC-A882 DATED 05/07/1997 ISSUED TO THE 6TH PETITIONER. P7: COPY OF THE NATIONAL APPRENTICESHIP CERTIFICATE NO.004552 DATED NOVEMBER 1997 AWARDED TO THE 7TH PETITIONER. P7(a):COPY OF THE CERTIFICATE NO.HMT/IV/RC-A940 DATED 15/12/1997 ISSUED TO THE 7TH PETITIONER. P8: COPY OF THE NATIONAL APPRENTICESHIP CERTIFICATE NO.073575 DATED APRIL 1985 AWARDED TO THE 8TH PETITIONER. svs ................2/-... ...2... WPC.NO.10697/2010 P8(a):COPY OF THE CERTIFICATE NO.HMT/IV/PD/1045/A DATED 23/04/1985 ISSUED TO THE 8TH PETITIONER. P9: COPY OF THE NATIONAL APPRENTICESHIP CERTIFICATE NO.005894 DATED MAY 1998 AWARDED TO THE 9TH PETITIONER. P9(a):COPY OF THE CERTIFICATE NO.HMT/IV/PD/RC-A977 DATED 24/06/1998 ISSUED TO THE 9TH PETITIONER. P10: COPY OF THE NATIONAL APPRENTICESHIP CERTIFICATE NO.007617 DATED APRIL 1984 AWARDED TO THE 10TH PETITIONER. P10(a):COPY OF THE CERTIFICATE NO.HMT/IV/PD/1004/A DATED 07/05/1984 ISSUED TO THE 10TH PETITIONER. P11: COPY OF THE NATIONAL APPRENTICESHIP CERTIFICATE NO.151131 DATED MAY 2000 AWARDED TO THE 11TH PETITIONER. P11(a):COPY OF THE CERTIFICATE NO.HMT/IV/TC-A1126 DATED 01/07/2000 ISSUED TO THE 11TH PETITIONER. P12: COPY OF THE NATIONAL APPRENTICESHIP CERTIFICATE NO.079029 DATED OCTOBER 1989 AWARDED TO THE 12TH PETITIONER. P12(a):COPY OF THE CERTIFICATE NO.HMT/IV/PD/A253 DATED 27/10/1989 ISSUED TO THE 12TH PETITIONER. P13: COPY OF THE NATIONAL APPRENTICESHIP CERTIFICATE NO.005889 DATED MAY N1998 AWARDED TO THE 13TH PETITIONER. P13(a):COPY OF THE CERTIFICATE NO.HMT/IV/PD/TC-A1000 DATED 24/07/1998 ISSUED TO THE 13TH PETITIONER. P14:COPY OF THE COMMUNICATED DATED 28/10/1991 P14(a):COPY OF THE COMMUNICATED DATED 20/12/1991 CALLING THE 1ST PETITIONER FOR WRITTEN TEST AND INTERVIEW. P15: COPY OF THE CERTIFICATE DATED 30/01/2009 ISSUED BY THE ASSISTANT PROVIDENT FUND COMMISSIONER. P16: COPY OF THE FORM NO.31 APPLICATION FOR ADVANCE OF THE FUND. P17: COPY OF THE FORM NO.31 APPLICATION FOR ADVANCE OF THE FUND. P18: COPY OF THE ENTRY PASS ISSUED TO THE PETITIONERS NO.3. P19: COPY OF THE ENTRY PASS ISSUED TO THE PETITIONERS NO.4. svs .............3/-... ...3... WPC.NO.10697/2010 P20: COPY OF THE PAPER ADVERTISEMENT INVITING SEALED TENDERS FOR LICENSED CONTRACTORS. P21: COPY OF THE PRESENT ENTRY PASS ISSUED TO THE 3RD PETITIONER. P22: COPY OF THE PRESENT ENTRY PASS ISSUED TO THE 4TH PETITIONER. P23: COPY OF THE NOTIFICATION DATED 30/08/2008 ISSUED BY THE 3RD RESPONDENT. P24: COPY OF THE PETITION SUBMITTED BEFORE THE REGIONAL LABOUR COMMISSIONER (CENTRAL) DATED 03/12/2008. P25: COPY COF THE JUDGMENT DATGED 13/01/2009 IN WRIT PETITION NO.35214/2008. P26: COPY OF THE JUDGMENT DATED 08/04/2009 IN WRIT APPEAL NO.872/2009. P27: COPY OF THE REPLY DATED 12/01/2009 SUBMITTED BEFORE THE 5TH RESPONDENT. P28: COPY OF THE REPLY DATED 20/01/2009 SUBMITTED BEFORE THEDISTRICT LABOUR COMMISSIONER. P29: COPY OF THE NOTIFICATION NO.GSR 336 (E) DATED 05/05/2008. P20(a):COPY OF THE NOTIFICATION NO.SO556 (E) DATED 03/07/1998. P30: COPY OF THE COMMUNICAITON DATED 30/01/2009. P31: COPY COF THE REPLY SUBMITTED TO THE 5TH RESPONDENT. P32: COPY OF THE COMMUNICATION DATED 03/11/2009. P33: COPY OF THE MINUTES OF THE CONCILIATION MEETING DATED 01/02/2010. P34: COPY OF THE ADDITIONAL STATEMENT SUBMITTED BY THE PETITIONERS TO THE 5TH RESPONDENT. P35: COPY OF THE COMMUNICATION DATED 16/02/2010 TO THE 5TH RESPONDENT. P36: COPY OF THE NOTIFICATION INVITING THE APPLICATION FOR THE POST OF COMPANY TRAINEE. svs ................4/-... ...4... WPC. NO.10697/2010 P37: COPY OF THE COMMUNICATION NO.95(1)/HMT/2009-B1 DATED 08/03/2010 SENT BY THE 5TH RESPONDENT TO THE 4TH RESPONDENT. P38: COPY OF THE ACCIDENT REPORT FROM EMPLOYER IN FORM NO.16 OF THE REGULATION 68. P39: COPY OF THE CERTIFICATE OF CONTINUING EMPLOYED DATED 23/01/2004 ISSUED BY THE 3RD RESPONDENT. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE. svs P.N.RAVINDRAN, J. ---------------------------------- W.P.(C)No. 10697 OF 2010 --------------------------------------------- Dated this the 16th day of June, 2011 J U D G M E N T The main relief sought in this writ petition filed by thirteen workers employed by the third respondent is for an order directing the Chief Labour Commissioner, the fourth respondent herein to dispose of the Ext.P24 representation which was forwarded to him by the fifth respondent along with Ext.P37 report. A reading of Ext.P37 report indicates that for the reasons stated therein the fifth respondent is of the opinion that the request made by the petitioner has to be considered by the fourth respondent. The learned counsel for the third respondent did not oppose the submission made by the learned counsel appearing for the petitioner that the writ petition may disposed of with a direction to the fourth respondent to consider Ext.P24 representation in the light of Ext.P37 report and pass appropriate orders thereon. I, accordingly dispose of the the writ petition with a direction to the fourth respondent to consider Ext.P24 representation in the light of Ext.P37 report W.P.(C)No. 10697 OF 2010 2 and take an appropriate decision thereon expeditiously and in any event within three months from the date on which the petitioners produce a certified copy of the judgment along with a copy of the writ petition complete in all aspects before the fourth respondent, after giving the parties an opportunity of being heard. The fourth respondent shall after a decision is taken in the matter, communicate the same to the petitioners and the third respondent. The contentions of both sides on the merits are kept open. P.N.RAVINDRAN, JUDGE dmb