IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 21ST DECEMBER 2011 / 30TH AGRAHAYANA 1933 WP(C).No. 33951 of 2011(T) -------------------------- PETITIONER(S): --------------- 1. LPG TRANSPORTERS ASSOCIATION, REP. BY ITS SECRETARY, ROOM NO.1, ANJALI BUILDING, NADAKAVU P.O., UDAYAMPERUR. 2. BINOY ALEX V.PARTHER, PARUMALA TRANSPORT CHIYYARAM P.O., THRISSUR - 680026. 3. K.K.GEORGE, S/O. KURIAKOSE, KANNANGANAMALIL HOUSE, THRIKKARIYOOR P.O., KOTHAMANGALAM. 4. SURESH BABU, DEVA MATHA, DEVA MATHA HOUSE, NEDUMGOLAM, PARAVOOR, KOLLAM. 5. SUSAN LAL VARTHESE, PROPRIETRIX, P.C.AGENCIES, VALLUVASSERY BUILDINGS, POLLOTH TEMPLE ROAD, KADAVANTHARA, KOCHI-20. 6. I ABI, XL TRANSPORTS, PADIVATTOM, PIPE LINE ROAD, ERNAKULAM. 7. E.A.NOBY, EARALIL HOUSE, PALARIVATTOM, KOCHI -25. BY ADV. SRI.P.RAMAKRISHNAN SRI.T.C.KRISHNA RESPONDENT(S): --------------- 1. REGIONAL JOINT LABOUR COMMISSIONER, ERNAKULAM - 682030 2. DISTRICT LABOUR OFFICER, THRISSUR 680003 3. GURUVAYUR INDANE AGENCY, GURUVAYUR THRISSUR DISTRICT, PIN 680101, REP.BY ITS PROPRIETOR. 4. ALL KERALA GAS AGENCY THOZHILLI UNION (CITU) REPRESENTED BY ITS SECRETARY SR.N.K.AKBAR, THRISSUR DISTRICT COMMITTEE, CITU HOUSE, THRISSUR - 680020. SRI.KOSHY GEORGE, FOR R1 GOVERNMENT PLEADER SRI.G.GOPAKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P(C)No.33951/2011 APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF DEMAND DT 14/12/2010 SUBMITTED BY THE 4TH RESPONDENT TO THE 1ST PETITIONER. EXT.P2: COPY OF ORDER DT.12/12/2011 ISSUED BY THE 2ND RESPONDENT IN IR(3) 4564/10 EXT.P3: COPY OF MEMORANDUM OF APPEAL DATED 17/12/2011 FILED BY THE 1ST PETITIONER BEFORE THE 1ST RESPONDENT. EXT.P4: COPY OF STAY PETITION DT 17/12/2011 FILED BY THE 1ST PETITIONER BEFORE THE 1ST RESPONDENT. / TRUE COPY / P.S.TO JUDGE P.N.RAVINDRAN, J. ----------------------------------------- W.P(C).No.33951 of 2011 ----------------------------------------- Dated this the 21st day of December, 2011 JUDGMENT The first petitioner is an association of transporters of packed liquefied petroleum gas cylinders. Petitioners 2 to 7 are members of the first petitioner association. There was a dispute between the first petitioner on the one hand and the headload workers represented by the fourth respondent on the other, as regards loading and unloading charges. That dispute was resolved by the District Labour Officer, Thrissur, by Ext.P2 order dated 12.12.2011. It is stated that though a copy of the order was not officially served on the petitioners, the first petitioner has filed Ext.P3 appeal before the Regional Joint Labour Commissioner, Ernakulam, the appellate authority constituted under the Kerala Headload Workers Act, 1978 challenging Ext.P2, and produced along with it a copy of Ext.P2 order obtained from the fourth respondent. Along with the said appeal the petitioner has filed Ext.P4 petition for an order staying the operation of Ext.P2 pending disposal of the appeal. In this writ petition the W.P(C).No.33951 of 2011 -:2:- petitioners challenge Ext.P2 on various grounds. In the alternative they seek a direction to the appellate authority to take up Ext.P3 appeal and Ext.P4 stay petition and pass appropriate orders thereon. 2. The petitioners have admittedly filed Ext.P3 appeal from Ext.P2 order. They have thus invoked the alternate remedy available to them. Though sub-section (8) of section 21 of the Kerala Headload Workers Act, 1978 places a restriction on the appellate authority by stipulating that it shall not stay the operation of the decision of the Conciliation Officer pending decision on the appeal, except for good and sufficient reasons to be recorded in writing, the appellate authority is totally not denied the powers to pass appropriate interim orders if sufficient reasons exist. In such circumstances as the petitioners have admittedly invoked the appellate remedy available to them and have also filed an application for stay in that appeal, I am of the opinion that they should await the outcome of the appeal and the stay petition before seeking intervention of this Court. I accordingly dispose of the writ petition with the following directions:- (i) The first respondent shall take up Ext.P4 stay petition W.P(C).No.33951 of 2011 -:3:- filed along with Ext.P3 appeal for consideration and pass appropriate orders thereon after affording the parties thereto an opportunity of being heard, within one week from the date of receipt of a certified copy of this judgment. Until such time the status quo as on today shall be maintained. (ii) The appellate authority shall thereafter dispose of Ext.P3 appeal after affording the parties to it an opportunity of being heard expeditiously and in any event within one month from the date of receipt of a certified copy of this judgment. (iii) The contentions of both sides on the merits are kept open. P.N.RAVINDRAN, Judge. ahg. P.N.RAVINDRAN, J. --------------------------- W.P(C).No.33951 of 2011 ---------------------------- JUDGMENT 21st December, 2011