IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 31ST JULY 2008 / 9TH SRAVANA 1930 WP(C).No. 16174 of 2004(A) -------------------------- ID.9/2004 of INDUSTRIAL TRIBUNAL, ALAPPUZHA .................... PETITIONER: ------------ THE MANAGING DIRECTOR, SEALORD HOTEL PVT.LTD., SHANMUGHAM ROAD, COCHIN-31 REPRESENTED BY SRI.ISSAC PETER. BY ADV. SRI.GEORGE THOMAS (MEVADA) RESPONDENTS: ------------- 1. SMT.ROSY JOSEPH, W/O. K.G.JOSEPH, C/O. N.S.JOY, NADUVILAPARAMBIL VEEDU, CHERANELLOOR P.O., PIN 682 034. 2. SUNITHA JOY W/O. K.J.JOY, C/O. DANSON ROSARIYO, RONI COTTAGE, CHERANELLOOR P.O., PIN 682 034. 3. DISTRICT LABOUR OFFICER, CIVIL STATION, KAKKANAD, KOCHI-30. 4. THE LABOUR COMMISSIONER, LABOUR AND REHABILIATION IN DEPARTMENT, GOVERNMENT SECRETARIAT, TRIVANDRUM. BY GOVERNMENT PLEADER SRI. M.R. SABU FOR R3 & 4 SRI.A.V.XAVIER FOR R1 & R2 SRI.JOLLY JOHN FOR R1 & R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 31/07/2008 THE COURT, ON THE SAME DAY, DELIVERED THE FOLLOWING: S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W. P (C) No. 16174 of 2004 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 31st July, 2008. J U D G M E N T The petitioner is a management involved in an industrial dispute. They are challenging Ext. P6 order of reference issued by the Government referring an industrial dispute between the petitioner and its workmen. The petitioner's contention is that in view of Exts. P1 and P2, the reference order itself is not maintainable. I am of opinion that these are all matters which the petitioner has to raise before the Industrial Tribunal at the time of adjudication of the industrial dispute. The Industrial Tribunal is bound to consider the effect of Exts.P. 1 and P2 also in respect of the claims of the workmen concerned. Therefore, without prejudice to the right of the petitioner to raise all their contentions before the Industrial Tribunal where the industrial dispute is pending, this writ petition is closed. Sd/- S. Siri Jagan, Judge. Tds/ [True copy] P.S to Judge.