IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR THURSDAY, THE 19TH JUNE 2008 / 29TH JYAISHTA 1930 OP.No. 18126 of 2002(G) ----------------------- PETITIONER: ------------ 1. ERANAD TALUK ESTATE LABOUR CONGRESS REPRESENTED BY ITS GENERAL SECRETARY,P.S.MENON, P.O.NILAMBUR,NILAMBUR TALUK. 2. ERANAD PLANTATION LABOUR UNION (C.I.T.U),REPRESENTED BY ITS GENERAL SECRETARY, P.T.UMMER,P.O.NILAMBUR,AKAMPADAM VILLAGE, NILAMBUR TALUK. BY ADV. SRI.JIMMY GEORGE SRI.M.JOSE ANTONY RESPONDENTS: ------------- 1. GOVERNMENT OF KERALA,REPRESENTED BY SECRETARY,LABOUR AND REHABILITATION (A) DEPARTMENT SECRETARIAT,TRIVANDRUM. 2. THE PLANTATION CORPORATION OF KERALA LTD REPRESENTED BY ITS MANAGING DIRECTOR,KOTTAYAM. R1 BY G.P. SMT. SMITHA R2 BY ADV. SRI.JOSEPH MARKOSE (SR.) THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 19/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 ORDER ON CMP 30926 OF 2002 IN OP 18126 OF 2002 DISMISSED 19.6.2008 SD/-C.N.RAMACHANDRAN NAIR, JUDGE. APPENDIX PETITIONERS' EXHIBITS: EXT.P1 ORIGINAL COPY OF THE DECISION OF THE FIRST RESPONDENT DATED 25.5.2002 RECEIVED BY THE FIRST PETITIONER. EXT.P2 ORIGINAL COPY OF THE DECISION OF THE FIRST RESPONDENT DATED 21.5.2002 RECEIVED BY THE 2ND PETITIONER. RESPONDENTS' EXHIBITS: NIL. TRUE COPY P.S. TO JUDGE. C.N. RAMACHANDRAN NAIR, J. -------------------------------------------- O.P. NO. 18126 OF 2002 -------------------------------------------- Dated this the 19th day of June, 2008 JUDGMENT O.P. is filed challenging Ext.P2 whereunder the Government declined to refer the question raised by the Union regarding regularisation of one field worker as a staff member, to the Labour Court or Industrial Tribunal for decision. Counsel has relied on the decision of this Court in JAYANARAYANAN V. UNION OF INDIA, (1997) 2 K.L.T. 204 whereunder this Court has held that Government while considering reference should not go into the merits of the case. However, I do not think the decision helps the petitioner because the employer in this case is a Government of Kerala owned company where staff recruitment is made through PSC. When the Industrial Tribunal or Labour Court cannot interfere with the scheme of recruitment of office staff through PSC by the employer-company, I feel reference on this issue would only lead to waste of time of Labour Court. Therefore Government rightly declined to refer the question. O.P. is accordingly dismissed. (C.N. RAMACHANDRAN NAIR) Judge kk 2