IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 19TH MARCH 2009 / 28TH PHALGUNA 1930 WP(C).No. 8634 of 2009(T) ------------------------- PETITIONER(S): --------------- M.V. PEETHAMBARAN PILLAI, A GRADE CLERK IN GENERAL SHIFT, TATA OIL MILLS COMPANY LTD., TATAPURAM, ERNAKULAM, KOCHI 682 028. BY ADV. SRI.N.DHARMADAN, SENIOR ADVOCATE SMT.D.P.RENU RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETATRY TO GOVERNMENT LABOUR DEPARTMENT, THIRUVANANTHAPURAM. 2. ADDITIONAL LABOUR COMMISSIONER (IR) TRIVANDRUM. 3. TATA OILS, AMALGAMATED WITH HINDUSTAN LEVER LTD., REPRESENTED BY THE CHAIRMAN, HINDUSTAN LEVER HOUSE, 165-166, BACKWAY RECLAMATIO N, BOMBAY -20. 4. THE FACTORY MANAGER, TATA OIL MILS, AMALGAMATD WITH HINDUSTAN LEVER LTD., TATAPURAM, KOCHI 682 018. GOVERNMENT PLEADER SMT.K.R.DEEPA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P(C).No.8634 of 2009 ================== Dated this the 19th day of March, 2009 J U D G M E N T The petitioner is an employee of the 3rd respondent company. In respect of change of his shift from the general shift to the third shift, the petitioner filed a complaint, Ext.P4, before the 2nd respondent. The petitioner submits that the transfer of shift of the petitioner amounts to unfair labour practice as also humiliation to the petitioner. The petitioner, therefore, seeks the following reliefs: “(a) issue a writ of certiorari or other writ or order calling for records leading upto Ext.P5 and set aside the oral transfer/reversion of the petitioner from general shift to 3rd shift (night shift) w.e.f. 17.11.2008 as void, illegal and malafide. (b) issue a writ of Mandamus directing the respondents to consider Ext.P1 and P5 and pass appropriate order in the interest of justice restoring the petitioner's status and position in general shift; (c) issue a writ of Mandamus directing the respondents to pay compensation for the mental agony and humiliation and injustice sustained by the petitioner on account of the illegal transfer/reversion of the petitioner from general shift to 3rd shift (night shift); (d) issue a writ of Mandamus or other writ or order or direction directing the respondents to post the petitioner in general shift so as to enable him to continue to carry on work of clerical nature which he is discharge (sic) from 1984 onwards.” 2. I have heard the learned Government Pleader also. 3. I am of opinion that the 3rd respondent being a company in which the Government does not own any share and they are not exercising any public function, a writ petition under Article 226 of 2 Constitution of India would not lie. But, certainly Ext.P4 petition would lie under the Industrial Disputes Act before the 2nd respondent and the 2nd respondent is bound to take appropriate steps to convene conciliation conference as provided under the Industrial Disputes Act to try to resolve the dispute between the petitioner on the one hand the 3rd respondent on the other by conciliation efforts. In the above circumstances, this writ petition is disposed of with a direction to the 2nd respondent to take appropriate proceedings on Ext.P4 filed by the petitioner as contemplated under the Industrial Disputes Act and take it to its logical conclusion as expeditiously as possible, at any rate, within three months from the date of receipt of a certified copy of this judgment. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge