IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 6TH DECEMBER 2011 / 15TH AGRAHAYANA 1933 WP(C).No. 28005 of 2011(A) ---------------------------------------- PETITIONER(S): ------------------------ V.NANDAKUMAR,NANDANAM, PUTHUKADU P.O,CHAVARA, KOLLAM- 691 583. BY ADV. SRI.AYPE JOSEPH RESPONDENT(S): ---------------------------- 1. GOVERNMENT OF INDIA,REPRESENTED BY SECRETARY,MINISTRY OF LABOUR, NEW DELHI -110 001. 2. THE PRESIDING OFFICER, CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL -CUM-LABOUR COURT, I FLOOR, B WING, 26,HADDOWS ROAD, SHASTRI BHAVAN, CHENNAI.PIN- 600 006. 3. THE CHIEF GENERAL MANAGER, INDIAN RARE EARTHS LTD,CHAVARA KOLLAM- 691 583. 4. THE PRESIDING OFFICER, CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT, KARSHAKA ROAD,ERNAKULAM- 682 016. R1 & R2 BY ADV. SRI.P.PARAMESWARAN NAIR,ASG OF INDIA R3 BY ADV.SRI.E.K.NANDAKUMAR,SC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.28005/2011 APPENDIX PETITIONER(S) EXHIBITS EXHIBIT P1 TRUE COPY OF THE ORDER PASSED BY THE IST RESPONDENT EXHIBIT P2 TRUE COPY OF THE REQUEST MADE BY THE PETITIONER TO THE IST RESPONDENT DATED 17/9/2011 RESPONDENTS' EXHIBITS : NIL /TRUE COPY/ P.A.TO.JUDGE sts P.N.RAVINDRAN, J. ---------------------------------------------- WP (C) No. 28005 of 2011 ----------------------------------------------- Dated this the 6th day of December, 2011 JUDGMENT The petitioner was an employee of the Indian Rare Earths Limited, Chavara, Kollam. He was dismissed from service for unauthorised absence. He thereupon raised a dispute. By Ext.P1 order dated 23.8.2011, the Government of India referred the said dispute for adjudication to the Central Government Industrial Tribunal Cum Labour Court, Chennai. This writ petition is filed seeking an order directing the Government of India to transfer the dispute referred as per Ext.P1 order from the Central Government Industrial Tribunal cum Labour Court, Chennai to the Central Government Industrial Tribunal cum Labour Court, Kochi. It is contended that a transfer to Kochi will benefit not only the workman but also the employer and that unless the dispute is transferred to Kochi, the petitioner, a dismissed employee will not be able to prosecute the case. 2. When the writ petition came up for hearing today, Sri.E.K.Nandakumar, learned counsel appearing for the third respondent submitted that, the third respondent has no WP(C)No. 28005 of 2011 -2- objection to the dispute being transferred to the Central Government Industrial Tribunal cum Labour Court, Kochi. The learned counsel also submitted that section 33 B of the Industrial Disputes Act, 1947 empowers the Central Government to withdraw the dispute from Central Government Industrial Tribunal cum Labour Court, Chennai and transfer it to Central Government Industrial Tribunal cum Labour Court, Kochi. In such circumstances as both the employer and the employee are desirous of having the dispute resolved at Kochi, I dispose of the writ petition with a direction to the Central Government to exercise the power conferred on it under section 33 B of the Industrial Disputes Act, 1947, withdraw the dispute referred by it as per Ext.P1 order dated 23.8.2011 from the Central Government Industrial Tribunal cum Labour Court, Chennai and transfer it to the Central Government Industrial Tribunal cum Labour Court, Kochi. Necessary orders in that regard shall be issued expeditiously and in any event within two months from the date on which either the petitioner or the third respondent furnishes a copy of this judgment to the Under WP(C)No. 28005 of 2011 -3- Secretary to Government, Ministry of Labour, Government of India, New Delhi. Until such time further proceedings pursuant to Ext.P1 order shall be kept in abeyance. Sd/- P.N.RAVINDRAN, JUDGE. Rkc // true copy// PA to Judge