IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 10TH JUNE 2008 / 20TH JYAISHTA 1930 WP(C).No. 17173 of 2008(T) -------------------------- PETITIONER: ------------ JOSEPH KURIAN @ UMMACHAN, S/O.LATE KURIAN, AGED 52 YEARS, PRESIDENT K.T.U.C., KUTTANAN HOUSE, NJANDUPARA P.O., URULIKUNNAM, KOTTAYAM DISTRICT. BY ADV. SRI.A.X.VARGHESE SRI.A.V.JOJO RESPONDENTS: ------------- 1. THE MANAGING DIRECTOR, KOTTAYAM TEXTILES, VEDAGIRI, KURUMALLUR P.O. 2. THE MANAGING DIRECTOR, KERALA STATE TEXTILES CORPORATION, SASTHAMANGALAM, THIRUVANANTHAPURAM. 3. STATE OF KERALA, REP. BY THE PRINCIPAL SECRETARY, INDUSTRIES DEPARTMENT, THIRUVANANTHAPURAM. BY G.P. D.SHRI.ANIL KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P.(C).No.17173 of 2008 ================== Dated this the day of June, 2008 J U D G M E N T The petitioner is the President of a Union of workmen of a unit of the Kerala State Textile Corporation. The Union represents casual workers of the 1st respondent, who have raised a dispute on the issue of their regularisation. The conciliation proceedings initiated by the Regional Joint Labour Commissioner, Ernakulam, ended in failure and Ext.P2 failure report was forwarded by the Regional Joint Labour Commissioner, Ernakulam, to the 2nd respondent. The petitioner's grievance now is that the 3rd respondent has not taken any steps to refer the industrial dispute for adjudication to the appropriate Industrial Tribunal/Labour Court and, at the same time, the 2nd respondent is engaging badali workers, which according to the petitioner, would affect the prospects of the casual workers whose cause his Union espouses. In the above circumstances, the petitioner now seeks a direction to the 3rd respondent to take appropriate proceedings pursuant to Ext.P2 failure report and take it to its logical w.p.c.17173/08 2 conclusion in accordance with the provisions of the Industrial Disputes Act. 2. I have heard the learned counsel appearing for the 2nd respondent as also the learned Government Pleader. 3. Ext.P2 is dated 29.10.2007. When a failure report is forwarded by the concerned Labour Officer, the 3rd respondent has a duty to take appropriate steps in the matter as envisaged under the provisions of the Industrial Disputes Act, expeditiously. In the above circumstances, this writ petition is disposed of with a direction to the 3rd respondent to consider Ext.P2 failure report of the Regional Joint Labour Commissioner, Ernakulam, and to take the matter to its logical conclusion as provided under the Industrial Disputes Act as expeditiously as possible, at any rate, within six weeks from the date of receipt of a certified copy of this judgment. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge w.p.c.17173/08 3