IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 12TH NOVEMBER 2009 / 21ST KARTHIKA 1931 WP(C).No. 32358 of 2009(L) -------------------------- PETITIONER(S): ------------------ S.KRISHNANKUTTY, S/O. SREEDHARAN MABATU VEEDU, PALLAMCHATHANOOR.P.O. PALAKKAD. BY ADV. SRI.SAJAN VARGHEESE K. SRI.LIJU. M.P RESPONDENT(S): -------------------- 1. THE CHAIRMAN, K.T.D.C. LTD., HOTEL MUSCAT, THIRUVANANTHAPURAM. 2. THE MANAGING DIRECTOR, K.T.D.C. HOTEL MUSCAT, THIRUVANANTHAPURAM. 3. THE LABOUR OFFICER, CIVIL STATION PALAKKAD. SRI.P.A.AHAMMED, SC, KTDC GOVERNMENT PLEADER SMT.ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ================ W.P.(C) NO. 32358 OF 2009 (L) ===================== Dated this the 12th day of November, 2009 J U D G M E N T Petitioner claims to have been working under the respondents since 1978. He is claiming benefits that are due to regular employees. 2. When he claimed the benefits, the 2nd respondent issued Ext.P6 show cause notice stating that the petitioner claimed benefits based on documents which were fabricated and petitioner was called upon to file his reply. He filed his reply, a copy of which is Ext.P7. According to him, there has not been any progress in the matter and that thereupon he moved Ext.P8 complaint before the 3rd respondent. It is in these circumstances the writ petition is filed. 3. As far as Ext.P8 is concerned, though the petitioner wanted consideration of Ext.P8, having regard to the fact that under Section 2A of the Industrial Disputes Act, such an individual dispute cannot be raised, I am not persuaded to direct that further action should be taken on Ext.P8. 4. However, as according to the petitioner when he WPC 32358/09 :2 : claimed benefits due to a regular employee, he was issued Ext.P6 show cause notice with allegations of misconduct. At this stage, what is required to be done is that the 2nd respondent should finalise Ext.P6 in the light of the contentions raised by the petitioner in Ext.P7 explanation submitted by him. This the 2nd respondent shall do, with notice to the petitioner and as expeditiously as possible, at any rate within 8 weeks of receipt of a copy of this judgment. 5. Petitioner may produce a copy of this judgment along with a copy of this writ petition before the 2nd respondent for compliance. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp