IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 13TH SEPTEMBER 2010 / 22ND BHADRA 1932 WP(C).No. 22025 of 2010(C) -------------------------------- PETITIONER: --------------- V.N/DINAMONY, S/O.NEELAKANDAN, AGED 58 YEARS, WELDER HSK-1 DRY DOCK COCHIN PORT TRUST. BY ADV. MR.R.DIVAKARAN MR.BINOI GEORGE (CHERUKARA) MR.VINUCHAND RESPONDENTS: ------------------- 1. THE CHIEF MECHANICAL ENGINEER, (MECHANIC) COCHIN PORT TRUST, WILLINGTON ISLAND COCHIN-3 2. THE MECHANICAL SUPERINTENDENT COCHIN PORT TRUST, WILLINGTON ISLAND COCHIN-3 3. THE ASSISTANT MECHANICAL SUPERINTENDENT (MARINE) COCHIN PORT TRUST, WILLINGTON ISLAND COCHIN-3 ADV. MR.E.K.NANDAKUMAR-SC MR.A.K.JAYASANKAR NAMBIAR MR.K.JOHN MATHAI MR.P.BENNY THOMAS MR.P.GOPINATH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J. ------------------------------ W.P.(C) No.22025 OF 2010 ------------------------------- Dated this the 13th day of September, 2010 J U D G M E N T The petitioner is aggrieved by refusal on the part of the respondents in promoting him to the post of Assistant Foreman (General) from the rank list prepared in 2004, since a vacancy has now arisen. While justifying their action on various grounds, the respondents have, in their statement, stated that a Union representing workmen of the Cochin Port Trust has filed a complaint before the Assistant Labour Commissioner (C), Kendriya Sram Sadan, Kakkanadu seeking his intervention in the dispute raised by them in respect of the said dispute. 2. In the above circumstances, the learned counsel for the petitioner seeks permission to withdraw this writ petition without prejudice to his right to pursue the industrial dispute through his Union. Permission is granted and the writ petition is dismissed as withdrawn with the above liberty. S. SIRI JAGAN, JUDGE acd