IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 1ST JULY 2008 / 10TH ASHADHA 1930 WP(C).No. 308 of 2004(J) --------------------------------- PETITIONERS : -------------------- 1. T.SAKUNTHALA, DILEEP BHAVAN, MANVILA, KULATHOOR P.O., KAZHAKKOTAM, TRIVANDRUM. 2. A.CHANDRIKA, NEDIYAVILA VEEDU, KAIMANAM P.O., PAPPANAMCODE, TRIVANDRUM. 3. L.KAVITHA, KAVITHA NIVAS, PRASANTH NAGAR, VANKODE P.O., VATTAPPARA, TRIVANDRUM. BY ADV. SRI.THOMAS ABRAHAM SRI.K.B.ARUN KUMAR RESPONDENTS : ---------------------- 1. INDIAN AIR LINES LTD., REPRESENTED BY ITS MANAGING DIRECTOR, HEADQUARTERS, R.K.PURAM, NEW DELHI. 2. AREA MARKETING MANAGER, OFFICE OF THE AREA MARKETING MANAGER, INDIAN AIR LINES LTD., THIRUVANANTHAPURAM. 3. ANIL KUMAR, POTTAKUZHY VEEDU, PATTOM, POTTAKUZHY P.O., THIRUVANANTHAPURAM. 4. ASSISTANT LABOUR COMMISSIONER (CENTRAL) MINISTRY OF LABOUR, GOVT. OF INDIA, UPPALAM ROAD, TRIVANDRUM. BY ADV. SRI.SUNNY XAVIER, ACGSC - R4 SRI.ANTONY DOMINIC - R1,R2 SRI.E.K.NANDAKUMAR - R2 SRI.A.K.JAYASANKAR NAMBIAR - R2 SMT.PRIYA MAHESH - R2 SMT.PRIYA MANJOORAN - R2 SRI.M.A.MUHAMMED ASHRAF - R4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/07/2008 ALONG WITH WP(C) 1279/04, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 308 of 2004 APPENDIX PETITIONERS EXHIBITS : EXT.P1:- THE TRUE COPY OF THE APPOINTMENT ORDER ISSUED TO 1ST PETITIONER EXT.P1(a):- THE TRUE COPY OF THE APPOINTMENT ORDER ISSUED TO 2ND PETITIONER EXT.P1(b):- THE TRUE COPY OFTHE APPOINTMENT ORDER ISSUED TO 2ND PETITIONER EXT.P2:- THE TRUE COPY OF THE JUDGMENT DATED 11.03.1998 IN O.P.NO.19987 OF 1997 OF THIS HON'BLE COURT EXT.P3:- TRUE COPY OF THE REPRESENTATION 05.04.1998 SUBMITTED BY THE REGISTERED TRADE UNION IN WHICH THE PETITIONERS WERE THE MEMBERS BEFORE THE MANAGEMENT EXT.P4:- THE TRUE COPY OF THE ISSUED NOTICE NO.8(10)/98/ALC/TVM DATED 29.06.1998 ISSUED BY THE 4TH RESPONDENT EXT.P5:- THE TRUE COPY OF THE LETTER DATED 19.08.1998 SENT BY THE GENERAL MANAGER (PERSONNEL) OF INDIAN AIRLINES EXT.P6:- THE TRUE COPY OF THE LETTER DATED 02.03.1999 RESPONDENTS TO THE PETITIONERS EXT.P7:- THE TRUE COPY OF THE JOINT REPRESENTATION DATED 19.03.1999 SUBMITTED BY THE PETITONERS BEFORE THE RESPONDENTS EXT.P8:- THE TRUE COPY OF THE LETTER NO.TRV-264/SG/511 DATED 21.04.1999 SENT BY THE STATION MANAGER TO ALL THE 3 PETITIONERS EXT.P9:- THE TRUE COPY OF THE REPRESENTATION DATED 15.04.2000 SUBMITTED BY THE PETITIONERS EXT.P10:- THE TRUE COPY OF THE WAGES SLIP FOR THE MONTH OF AUGUST 1998 OF THE 3RD PETITIONER EXT.P10(a):- THE TRUE COPY OF THE WAGES SLIP FOR THE MONTH OF NOVEMBER 2003 OF THE 3RD PETITIONER EXT.P11:- THE TRUE COPY OF THE TENDER NOTICE DATED 24.12.2000 ALONG WITH TENDER PAPERS EXT.P12:- THE TRUE COPY OF THE JOINT REPRESENTATION DATED 30.12.2003 SUBMITTED BY THE PETITIONERS BEFORE RESPONDENTS 1 AND 2 REQUESTING TO REVIEW THE DECISION. -TRUE COPY- P.A. TO JUDGE pac S.SIRI JAGAN, J ============== W.P.(C).Nos. 308 & 1279 OF 2004 ==================== Dated this the 1st day of July, 2008. J U D G M E N T The petitioners in these writ petitions are casual labourers employed by the Indian Air Lines Ltd. According to them, they have been continuously working on daily wages for Rs. 145/- for more than 5 years. They seek regularisation in service. They filed these writ petitions at a time when allegedly, applications were invited for tenders for award of upkeep maintenance of Air Port Booking office and its premise of Indian Air Lines, Ltd. Trivandrum, which work were allegedly being done by the petitioners. When it was pointed out to the learned counsel for the petitioners that these are matters involving ascertainment of facts on evidence, which can be done only in an industrial dispute raised for that purpose, the learned counsel for the petitioners seek permission to withdraw the writ petition, without prejudice to the right of the petitioners to raise an industrial dispute through their unions appropriately. Accordingly, these writ petitions are dismissed without prejudice to the right of the petitioners to raise an industrial dispute for the reliefs prayed for. S.SIRI JAGAN, JUDGE bkn/-