IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 30TH OCTOBER 2009 / 8TH KARTHIKA 1931 WP(C).No. 15399 of 2009(T) -------------------------- PETITIONER(S): --------------- H.N.L.CASUAL AND CONTRACT WORKER'S CENTER, REG.NO.05-07-06, NEWS PRINT NAGAR P.O., KOTTAYAM REP.BY GENERAL SECRETARY. BY ADV. SRI.K.S.MADHUSOODANAN SRI.T.V.JAYAKUMAR NAMBOODIRI SRI.THUSHAR NIRMAL SARATHY SRI.M.M.VINOD KUMAR SMT.K.M.RAMYA RESPONDENT(S): --------------- 1. UNION OF INDIA REP.BY SECRETARY, MINISTRY OF LABOUR AND EMPLOYMENT, GOVERNMENT OF INDIA, NEW DELHI. 2. ASST.LABOUR COMMISSIONER (CENTRAL), OFFICE OF THE ASST. LABOUR COMMISSIONER (CENTRAL), THIRUVANANTHAPURAM. 3. LABOUR COMMISSIONER, OFFICE OF THE LABOUR COMMISSIONER, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 4. HINDUSTAN NEWS PRINT LTD., (A SUBSIDIARY OF HINDUSTAN PAPER CORPORATION LTD.) GOVERNMENT OF INDIA ENTERPRISE, NEWS PRINT NAGAR, KOTTAYAM, REP.BY MANAGING DIRECTOR. 5. H.P.C.WORKERS CONGRESS (INTUC), NEWS PRINT NAGAR, KOTTAYAM REP.BY GENERAL SECRETARY. 6. H.N.GENERAL WORKERS UNION (CITU), NEWS PRINT NAGAR, KOTTAYAM REP.BY GENERAL SECRETARY. 7. HNL CASUAL WORKERS CONGRESS (INTUC), NEWS PRINT NAGAR, KOTTAYAM REP.BY GENERAL SECRETARY. 8. HNL MEGHALA WORKERS UNION (AITUC), NEWS PRINT NAGAR, KOTTAYAM REP.BY GENERAL SECRETARY. 9. H.N.MAZDOOR SANGH (BMS), NEWS PRINT NAGAR, KOTTAYAM, REP.BY GENERAL SECRETARY. 10. H.N.MAZDOOR UNION (HMS), NEWS PRINT NAGAR, KOTTAYAM REP.BY GENERAL SECRETARY. 11. HNL LABOURERS UNION (INLC), NEWS PRINT NAGAR, KOTTAYAM REP.BY GENERAL SECRETARY. 12. K.B.S.HEAD LOAD AND GENERAL WORKERS UNION (BSTU), NEWS PRINT NAGAR, KOTTAYAM REP. GENERAL SECRETARY. 13. HNL INDUSTRIAL CANTEEN WORKERS UNION (CITU), NEWS PRINT NAGAR, KOTTAYAM REP.BY GENERAL SECRETARY. ADV. SRI.E.K.NANDAKUMAR FOR R4 SRI.A.K.JAYASANKAR NAMBIAR FOR R4 SRI.K.JOHN MATHAI FOR R4 SRI.P.BENNY THOMAS FOR R4 SRI.ANIL D. NAIR FOR R4 SR. GOVT. PLEADER SHRI.K.S.MUHAMMED HASHIM ADV.T.P.M.IBRAHIM KHAN, ASG. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P(C).No.15399 of 2009 ================== Dated this the 30th day of October, 2009 J U D G M E N T The petitioner is a union of employees of the 4th respondent management. They are aggrieved by Ext.P5 notice, whereby the 3rd respondent has initiated conciliation proceedings in respect of the issue of regularisation of casual/contract workers. According to the petitioner, the 3rd respondent has no jurisdiction to initiate proceedings in so far as in respect of the 4th respondent, the appropriate Government is the Central Government. Earlier, by Ext.P1 notification, under Section 39 of the Industrial Disputes Act, the Central Government had notified that in respect of the Central Public Sector undertakings and their subsidiaries, Corporations and autonomous bodies specified in the schedule annexed to the notification, the State Government may also exercise powers under the Industrial Disputes Act. The Hindustan Paper Corporation Ltd. Calcutta is included as item 58 in that notification. The 4th respondent is a subsidiary of the Hindustan Paper Corporation. Therefore, Ext.P1 coveres the 4th respondent as well. But the Central Government themselves by Ext.P2 notification dated 5.5.2008 cancelled Ext.P1 notification. Hence, with effect from 5.5.2008 the State Government ceased to have jurisdiction in respect of the 4th respondent in the industrial dispute is the 2 contention raised by the petitioner. 2. I am of opinion that nothing prevents the petitioner from bringing to the attention of the Labour Commissioner that in view of Exts.P1 and P2 the State Government ceased to be the appropriate authority in respect of the 4th respondent, in which event, the Labour Commissioner has to consider that question and to decide on the same. Therefore, without prejudice to the right of the petitioner to take up the matter with the 3rd respondent, this writ petition is closed. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge