IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 30TH MAY 2008 / 9TH JYAISHTA 1930 WP(C).No. 16168 of 2003(Y) -------------------------- PETITIONER: ------------ 1. FACT EMPLOYEES' ASSOCIATION, REPRESENTED BY C.M. MOHANDAS, S/O. MADHAVAN, AGED 57 YEARS, CHANDURUTHIL VEEDU, VENNALA P.O., KOCHI-26, VICE PRESIDENT, FACT EMPLOYEES' UNION, FACT ENGINEERING WORKS, BRANCH EALLOOR, UDYOGAMANDAL. 2. N.V. GEORGE, S/O. N.G. VARGHESE, AGED 47 YEARS, NADUVILAPARAMBIL, KODUMBOOR KARA, KOKKAPILLY P.O., THIRUVAMKULAM, ERNAKULAM. BY ADV. SRI.PEEYUS A.KOTTAM RESPONDENTS: ------------- 1. THE FERTILIZERS AND CHEMICALS TRAVANCORE LTD., UDYOGAMANDAL, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR. 2. THE EXECUTIVE DIRECTOR (CONSULTANCY AND ENGINEERING WORKS) FERTILIZERS AND CHEMICALS TRAVANCORE LTD., UDYOGAMANDAL. 3. M. RAJAMANI, ASSISTANT MANAGER, (PER)/ACT ENGINEERING WORKS), UDYOGAMANDAL. 4. THE REGIONAL JOINT LABOUR COMMISSIONER, CIVIL STATION, KAKKANADU, ERNAKULAM. BY ADV. SRI.E.K.NANDAKUMAR FOR R1 TO R3 SRI.A.K.JAYASANKAR NAMBIAR FOR R1 TOR3 SMT.PRIYA MAHESH FOR R1 TO R3 SMT.PRIYA MANJOORAN FOR R1 TO R3 GOVT. PLEADER SHRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30.5.2008 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P.(C).No.16168 of 2003 ================== Dated this the 30th day of May, 2008 J U D G M E N T In this writ petition a union representing the workers of the 1st respondent company and a workman of that company, challenge Ext.P3 notice issued by the management intimating the workers that the management has decided to discontinue the conveyance facility provided to the employees of FEW by the company from Aluva to Palluruthy from 17.5.2003 onwards and the employees presently availing the conveyance facility will be eligible for LTE/Transport Subsidy subject to rules in that regard. According to the 1st respondent company, Ext.P3 has been issued strictly in accordance with Ext.P2 settlement, to which the 1st petitioner association was also a party and, therefore, they cannot challenge the same. In any event, if the petitioners are aggrieved by Ext.P3, their remedy lies in raising an industrial by resorting to proceedings under the Industrial Disputes Act. Therefore, without prejudice to such right, this writ petition is dismissed . Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge 2 S.SIRI JAGAN, J. ================= W.P.(C).No.16168 of 2003-Y ================= J U D G M E N T 30th May, 2008