IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 16TH NOVEMBER 2009 / 25TH KARTHIKA 1931 WP(C).No. 21417 of 2008(Y) -------------------------- PETITIONER(S): --------------- JYOTHI LABORATORIES LTD PANNISSERY, KOONAMMOCHI,THRISSUR 680 504 REP.. BY ITS AUTHORIZED SIGNATORY, T.V. THILAKAN BY ADV. SRI.M.P.ASHOK KUMAR RESPONDENT(S): --------------- 1. STATE OF KERALA LABOUR AND REHABILITATION DEPARTMENT TRIVANDRUM 2. THE CONVENER JYOTHI LABORATORIES THOZHILALI SAMUKTHA SAMARA SAMITHY (CITU & BMS) PANNISSERI, KOONAMMUCHI P.O. THRISSUR 680 504 3. THE INDUSTRIAL TRIBUNAL, PALAKKAD ADV. SRI.P.RAMAKRISHNAN FOR R2 SRI.T.C.KRISHNA FOR R2 SR. GOVT. PLEADER SHRI.K.S.MUHAMMED HASHIM FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).No. 21417/08. APPENDIX PETITIONER(S)' EXHIBITS P1. COPY OF THE NOTICE DTD.31.5.07. P2. COPY OF THE NOTICE DTD.27.07.07. P3. COPY OF THE INTERIM ORDER IN W.P.(C).No. 24898/07. P4. COPY OF THE JUDGMENT IN W.P.(C).No. 24898/0O7. P5. COPY OF THE ORDER DTD.28.5.08 BY R1. sdk+ ///True copy/// P.A. to Judge S.SIRI JAGAN, J. ================== W.P(C).No.21417 of 2008 ================== Dated this the 16th day of November, 2009 J U D G M E N T The petitioner is the management in I.D.No.21/2008 before the Industrial Tribunal, Palakkad. They are challenging Ext.P5 order of reference, which resulted in the industrial dispute. According to them, the issues referred for adjudication are not in accordance with the pleadings of the parties before the conciliation officer. 2. I have heard both parties. 3. The issues referred as per Ext.P5 reference order are as follows: “1. Whether the closure of the Unit of Jyothi Laboratories Ltd. Pannisseri, Koonammuchi P.O., Thrissur-680504 by the management is justifiable or not ? 2. Whether the offer of the management to pay gratuity at the rate of 15 days wages for every completed year of service, closure compensation at the rate of 15 days wages for every completed year of service, one month salary in lieu of notice, eligible bonus for the period up to closure on 01.08.2007, encashment of leave in credit of each employees and four months salary as good will compensation on account of closure of the unit is fair and reasonable. 3. Whether the demand of the trade union for the assurance from the management for the reemployment of the workers in the event of unit restart operation, apart from the above offer of the management is justifiable or not. 4. If not what relief the workers are entitled to?” 4. The learned counsel for the 2nd respondent today produced before me Government order No. G.O.(Rt.).No.1056/2009/LBR dated 24.7.2009, whereby the issues have been amended as follows; “1. Whether the termination of workers by the management of 2 M/s.Jyothi Laboratories from their Pannisseri Unit under guise of closure is proper and legal ? 2. If not what relief the workers are entitled to?” The learned counsel for the 2nd respondent further submits that in accordance with the amended reference, the Industrial Tribunal is seized of the matter and the parties have already filed their pleadings before the Tribunal also. In the above circumstances, no further orders are necessary in this writ petition. Accordingly, the writ petition is closed. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge