IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE A.K.BASHEER WEDNESDAY, THE 2ND DECEMBER 2009 / 11TH AGRAHAYANA 1931 W.A.No. 2700 of 2009 ---------------------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.18368/2009 Dated 14/10/2009 .................... APPELLANTS: (PETITIONERS): 1. ALL INDIA BATA SHOP EMPLOYEES UNION, REG.NO.755.BATA SHOE STORE,M.A.ROAD,KANNUR-670001, REPRESENTED BY ITS CHIEF ZONAL ORGANIZER,(KERALA- COIMBATORE ZONE)P.C.JAYARAJ. 2. P.P.REGHUNATHAN,CO-OPTED MEMBER CUM EXECUTIVE MEMBER,ALL INDIA BATA SHOE STORE, BROADWAY,ERNAKULAM. BY ADV. SRI.P.RAMAKRISHNAN SRI.C.ANIL KUMAR RESPONDENTS: (RESPONDENTS) 1. STATE OF KERALA,REPRESENTED BY THE SECRETARY,LABOUR DEPARTMENT,GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM. 2. LABOUR COMMISSIONER,GOVERNMENT OF KERALA THIRUVANANTHAPURAM. 3. THE MANAGING DIRECTOR,BATA INDIA LIMITED BATA HOUSE,418/02,SECTION 17,GURGAON,MERIHIULI ROAD,GURGAON. 4. BATA INDIA LIMITED,RETAIL SOUTH, INDUSTRIAL SECOND SUBURB,YESWANTPUR,BANGALORE-22, REPRESENTED BY ITS SENIOR GENERAL MANAGER. 5. DISTRICT MANAGER(NORTH),BATA INDIA LIMITED,BATA SHOE STORE,M.G.ROAD,NORTH, ERNAKULAM. BY GOVERNMENT PLEADER SMT.K.MEERA THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 02/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R. Bannurmath, C.J. & A. K. Basheer J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.A. No. 2700 of 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 2nd day of December, 2009. Judgment Basheer, J: This appeal is directed against the judgment in W.P.No. 18368 of 2009. By the impugned judgment the learned single Judge directed the appellants to approach the Labour Court before which admittedly the dispute between the appellants and the employer is pending. 2. The learned Judge took the above view since it came out from the records that certain larger issues are pending consideration before the Labour Court, Ernakulam. However the contention of the appellants before the learned singe Judge was that the unfair labour practice of the management has to be dealt with de hors the power that may be vested with the Labour Court to deal with the disputes referred to it. 3. We are unable to comprehend the rationale behind the above contention. Anyway we do not propose to go into that question in view of the limited prayer made by Ms.Preetha, learned counsel for the appellants at the Bar. She submits that the appellants will be satisfied if a direction is issued to respondent No.2 to take an appropriate decision on Exts.P8 and P9. WA.2700/09. : 2 : 4. Therefore the writ appeal is disposed of with a direction to respondent No.2 to consider and pass orders on Exts.P8 and P9 strictly on their merit and in accordance with law. If respondent No.2 is of the view that the requests made in Exts.P8 and P9 have to be entertained by him, an appropriate decision thereon can be taken by him. Otherwise he may refer the matter for consideration by the Labour Court. Respondent No.2 shall pass orders on Exts.P8 and P9 as expeditiously as possible at any rate within three months from the date of receipt of a copy of this judgment. Needless to mention that apart from the employer, an authorised representative of the appellants shall be afforded sufficient opportunity to be heard before any decision is taken. S.R.Bannurmath, Chief Justice A.K. Basheer Judge an.