IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN TUESDAY, THE 20TH JULY 2010 / 29TH ASHADHA 1932 WP(C).No. 22586 of 2010(W) --------------------------------------- PETITIONER(S): ------------------------- 1. M/S.ASHA GAS AGENCIES, REPRESENTED BY ITS PROPRIETOR, 28/690 A, Y.M.C.A ROAD, CHALAKUDY, THRISSUR 680 307. 2. M/S. POOJA GAS, REPRESENTED BY ITS PROPRIETOR, 766B/V.SUBAIDA BUILDING, UNICHIRA,KOCHI 682 021. 3. K.K.YAHIYA, TRANSPORTING CONTRACTOR, KARUKUNNATH HOUSE, P.O.PERINGALA, ERNAKULAM 683 565. 4. M/S. THREE STAR LOGISTICS, REPRESENTED BY ITS MANAGING, PARTNER, KANJIRAVELIL HOUSE, PAZHAMTHOTTAM PO., ERNAKULAM 683 565. 5. C.SIVANANDAN, TRANSPORTING CONTRACTOR, RESIDING AT CHOLAYIL HOUSE, 35/2664.KARANAKODAM, CHANDRAMATHI LANE,THAMMANAM PO,KOCHI 682 032. 6. P.R.GAS AGENCIES,REPRESENTED BY ITS PROPRIETOR, IDUKKI COLONY PO, CHERUTHONI, IDUKKI 685 602. BY SRI.V.CHITAMBARESH, SENIOR ADVOCATE, BY ADV. SRI.T.C.SURESH MENON, SRI.JIBU P THOMAS, SRI.P.S.APPU, SRI.C.A.ANOOP. Kss ..2/- ..2.... WPC.NO.22586/2010 W RESPONDENT(S): --------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO THE LABOUR AND REHABILITATION (A) DEPARTMENT, SECRETARIAT,THIRUVANANTHAPURAM. 2. THE LABOUR COMMISSIONER, THIRUVANANTHAPURAM. 3. THE KERALA STATE LPG AND TANK TRUCK WORKERS UNION (C.I.T.U) REGISTRATION NO.07/21/88, REPRESENTED BY ITS SECRETARY, CHELARI, THENHIPALAM PO, MALAPPURAM 673 636. 4. CHELARI INDIAN OIL CORPORATION TRANSPORT WORKERS, CONGRESS (INTUC) REPRESENTED BY ITS SECRETARY, CHELARI, THENHIPALAM PO, MALAPPURAM 673 636. 5. KERALA STATE LPG AND TAND TRUCK WORKERS UNION (CITU) REGISTRATION NO.07-21/88, UDAYAMPEROOR PO, NADAKKAVU, KOCHI 682 307. 6. THE SECRETARY, LPG TRANSPORTERS ASSOCIATION, UDAYAMPEROOR ,ROOM NO.1 ,ANJALI BUILDING, NADAKKAVU, KOCHI 682 307. R1 & R2 BY SR. GOVERNMENT PLEADER SRI. K.S MUHAMMED HASHIM THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss K.SURENDRA MOHAN, J. ------------------------------------------- W.P.(C) No.22586 of 2010 ------------------------------------------- Dated this the 20th July, 2010 JUDGMENT This writ petition is filed by the petitioners challenging Ext.P1 order passed under Section 10B of the Industrial Disputes Act, 1947 by the Government. As per Ext.P1, the Government have ordered certain interim measures, until the disputes pending between the workers and the LPG Transporters Association are resolved. As per Ext.P2, the Government have referred the disputes for adjudication to the Labour Court, Ernakulam, with a direction that the Labour Court shall pass award in the matter within a period of three months. Since the dispute has already been referred for adjudication to the Labour Court, Ext.P1 order has been issued by the Government directing that every employee should be given an amount of Rs.9,500/- as monthly salary and limiting the number of trips to 13. It is further stipulated that if the number of trips exceeds 13, Rs.730/- should be given to every additional trip so exceeding the limit. wpc No.22586/2010 2 2. According to the counsel for the petitioners, Ext.P1 has been issued without issuing notice to or hearing them. According to the petitioners, the LPG Transport Association is not a registered association of the petitioners and is not legally competent to enter into any sort of settlement on behalf of the petitioners. It is contended that the settlement, if any entered into with the said association was not binding on the petitioners. In view of the above, it is contended that Ext.P1 is absolutely without jurisdiction and liable to be set aside. 3. Adv.Mohammed Hashim, the learned Senior Government Pleader submits that Ext.P1 has been issued with the object of preserving the industrial peace and only as an interim measure until a final decision is taken in the matter by the Labour Court, which is the competent authority. Therefore, it is submitted that the dispute is best left to be decided by the Labour Court. 4. Sri.V.Chithambaresh, the Senior counsel who appears for the petitioner submits that dealers like the petitioners would not be able to run their agencies paying wpc No.22586/2010 3 the amounts that are stipulated in Ext.P1. It is pointed out that the amounts have been stipulated without any basis and therefore, to burden the agencies with such heavy financial commitments without giving an opportunity to them to present their views on the issue is absolutely without any justification. Therefore, he prays for quashing Ext.P1. 5. In view of the fact that the entire dispute has been referred to the Labour Court, Ernakulam and is pending adjudication of the said authority, I feel it is better that the interim arrangement if any to enure during the pendency of the proceedings is also worked out by the very same authority. The petitioners as well as all other interested persons who are parties to the issue would also get an opportunity to present their views before such an interim arrangement is finalised. In view of the fact that Ext.P1 has been passed without hearing the petitioners, it is made clear that the stipulations contained in Ext.P1 shall not be applicable to or binding on the petitioners. Nor shall they be enforced against them. Any interim wpc No.22586/2010 4 arrangement relating to the establishments of the petitioners shall be worked out after initiating appropriate proceedings before the Labour Court and after affording an opportunity of being heard to them. This Writ Petition is disposed of as above. No costs. K.SURENDRA MOHAN, JUDGE css/