IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 29TH AUGUST 2011 / 7TH BHADRA 1933 WP(C).No. 23425 of 2011(C) -------------------------- PETITIONER(S): --------------- M/S. ZIQITZA HEALTH CARE LTD., REPRESENTED BY SRI NIJIL IBRAHIM, PROJECT HEAD, G3, ESPLANADE, CONVENT JUNCTION, ERNAKULAM-682011. BY ADV. SMT.JEBI MATHER HISHAM SMT.M.M.FATHIMA JALEENA SRI.CHRISTOPHER ABRAHAM RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, LABOUR AND REHABILATION(A DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695001 2. SRI. P.JOSEPH, S/O. JOHN, PUTHENVEETTIL, PADIKKAPARAMBU VELI, VARANADU, CHERTHALA-688543. 3. R. REGHURAJ, GENERAL SECRETARY, ERNAKULAM JILLA MOTOR THOZHILALI SANGAM, (B.M.S.) BMS JILLA COMMITTEE OFFICE, IS PRESS ROAD,KOCHI-682018. 4. M/S. PLANMAN CONSLTING(INDIA) PRIVATE LTD. REP. BY ITS LEGAL AND COMPLIACNE MANAGER, 48, NARAINA VIHAR, INDUSTRIAL AREA, COMMUNITY CENTRE PHASE-1, NEW DELHI-110028. 5. THE LABOUR COMMISSIONER, THIRUVANANTHAPURAM-695001. 6. THE DEPUTY LABOUR OFFICER, ERNAKULAM, KOCHI-682030. BY GOVT. PLEADER SRI.HANIL KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) No. 23425/11 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : COPY OF THE POSTING ORDER DATED 1.9.2009 ISSUED BY THE 4TH RESPONDENT TO THE 2ND RESPONDENT EXT.P2 : COPY OF THE LETTER DATED 10.11.2009 RECEIVED FROM 3RD RESPONDENT BY THE PETITIONER EXT.P3 : COPY OF THE REPLY AFFIDAVIT DATED 12.11.2009 SENT BY THE PETITIONER TO THE 3RD RESPONDENT EXT.P4 : COPY OF THE LETTER DATED NIL ADDRESSED TO THE DISTRICT LABOUR OFFICER FROM THE PETITIONER EXT.P5 : COPY OF THE TRANSFER ORDER DATED 17.11.2009 ISSUED BY THE 4TH RESPONDENT TO THE 2ND RESPONDENT EXT.P6 : COPY OF THE NOTICE DATED 19.4.2010 EXT.P7 : COPY OF THE NOTICE DATED 24.9.2010 EXT.P8 : COPY OF THE LETTER DATED NIL SUBMITTED BEFORE THE DISTRICT LABOUR OFFICER BY THE PETITIONER EXT.P9 : COPY OF THE MINUTES OF THE MEETING ON 13.12.2010 EXT.P10 : GOVT. ORDER NO.G.O(Rt)NO.693/2011/LBR DATED 11.5.2011 EXT.P11(a) : COPY OF THE REPRESENTATION DATED 12.7.2011 SUBMITTED BEFORE THE 1ST RESPONDENT BY THE PETITIONER EXT.P11(b) : COPY OF THE POSTAL ACKNOWLEDGEMENT CARD RECEIVED FROM THE 1ST RESPONDENT FOR THE RECEIPT OF EXHIBIT P11 RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE vps P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 23425 OF 2011 -------------------------- Dated this the 29th day of August, 2011 J U D G M E N T Ext.P10 order passed by the Government referring the issue regarding denial of employment to the second respondent for adjudication to the Labour Court, Ernakulam is under challenge in this writ petition. Shorn of details, the main contention raised by the petitioner is that with effect from 1.9.2009 the second respondent is an employee of the fourth respondent and had ceased to be an employee of the petitioner and therefore the reference to the Labour Court for adjudication of the dispute by treating the petitioner as the employer is liable to be set aside. In my opinion, it is a plea which the petitioner can raise before the Labour Court to which the dispute has been referred for adjudication. Before the Labour Court the petitioner can contend that it is not the employer and the employer is the fourth respondent and therefore no relief can be granted against the petitioner. I accordingly decline jurisdiction and dismiss the writ petition reserving liberty with the petitioner to raise the contentions raised in the instant writ petition before the Labour court, Ernakulam. P.N.RAVINDRAN, (JUDGE) vps WPC No./2011 2