IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN FRIDAY, THE 23RD JULY 2010 / 1ST SRAVANA 1932 WP(C).No. 23077 of 2010(H) ------------------------------------- PETITIONER(S): ----------------------- 1. JYOTHY APPU, RESIDING AT PERUMBILYKUDY HOUSE, KUMARAPURAM P.O., MORAKALA, ERNAKULAM DISTRICT. 2. M/S.K.V.TRANSPORTS, REP. BY ITS PROPRIETOR, ITHITHANAM P.O., CHANGANACHERRY. 3. MATHEW MANUAL, RESIDING AT VII/100, KOLADY HOUSE, CHERPUNKAL P.O., PALA, KOTTAYAM DISTRICT. 4. P.V.PAILY, RESIDING AT PADINJAREMUKKEL HOUSE, PUTHUPPADY P.O., KOTHAMANGALAM, ERNAKULAM DISTRICT. 5. M/S.ELDHOSE TRANSPORTS, REP. BY ITS MANAGING PARTNER, KANNANGANAMALIL, THRIKKARIYOOR P.O., KOTHAMANGALAM, ERNAKULAM DISTRICT. 6. M/S.AMMU TRANSPORT CORPORATION, REP. BY ITS MANAGING PARTNER, PULIMOOTTIL BUILDINGS, VANNAPURAM POST, THODUPUZHA. 7. M/S.PARUMALA TRANSPORT, REP. BY ITS PARTNER, CHIYYARAM P.O., THRISSUR DISTRICT. 8. BIJOY V.A., RESIDING AT VENGAZHIYIL HOUSE, CHIYYARAM P.O., THRISSUR DISTRICT. W.P.(C) NO.23077/2010 9. M/S.KEERTHY TRAVELS, REP. BY ITS PARTNER, HOTEL HOLUX BUILDING, OPPOSITE K.S.R.T.C. BUS STATION, PALAKKAD DISTRICT. 10. M.M.RAJU, RESIDING AT MANNULLIL HOUSE, KUMARAPURAM P.O., MORAKKALA, ERNAKULAM DISTRICT. 11. M.M.THOMAS, RESIDING AT MANNULLIL HOUSE, KUMARAPURAM P.O., MORAKKALA, ERNAKULAM DISTRICT. 12. BABU P.G., RESIDING AT POMAKKATTU HOUSE, CHERTHALA, ALAPPUZHA DISTRICT. 13. M/S.PANANGOTE TRANSPORTS, REP. BY ITS PROPRIETOR, PANANGOTE BUNGLOW, ALUMMOODU P.O., MUKHATHALA, KOLLAM DISTRICT. 14. M/S.SREE VINAYAKA INDANE SERVICES, REP. BY ITS PROPRIETRIX, NORTH NADA, KUDUNGALLUR, THRISSUR DISTRICT. 15. M/S.XL TRANSPORTS, REP. BY ITS PROPRIETOR, PADIVATTOM, PIPELINE ROAD, EDAPPALLY P.O., ERNAKULAM DISTRICT. 16. E.A.NOBY, PROPRIETOR, ERALIL HOUSE, L.P.S. ROAD, PALARIVATTOM, ERNAKULAM DISTRICT. 17. BIJU MATHEW, TRANSPORT CONTRACTOR, RESIDING AT MANNULLIL HOUSE, KUMARAPURAM P.O., MORAKKALA, ERNAKULAM DISTRICT. 18. K.K.GEORGE, RESIDING AT KANNANGANAMALIL HOUSE, THRIKKARIYOOR P.O., KOTHAMANGALAM, ERNAKULAM DISTRICT. BY SRI.V.CHITAMBARESH, SENIOR ADVOCATE BY ADVS. SRI.T.C.SURESH MENON SRI.JIBU P THOMAS SRI.P.S.APPU SRI.C.A.ANOOP WP(C) NO.23077/2010 RESPONDENT(S): ------------------------- 1. THE STATE OF KERALA, REP. BY THE SECRETARY TO THE LABOUR AND REHABILITATION (A) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE LABOUR COMMISSIONER, THIRUVANANTHAPURAM. 3. THE KERALA STATE LPG AND TANK TRUCK WORKERS UNION (C.I.T.U.), REGISTRATION NO.07/21/88, REP. BY ITS SECRETARY, CHELARI, THENHIPALAM P.O., MALAPPURAM-673 636. 4. CHELARI INDIAN OIL CORPORATION TRANSPORT WORKERS CONGRESS (I.N.T.U.C.), REP. BY ITS SECRETARY, CHELARI, THENHIPALAM P.O., MALAPPURAM-673 636. 5. KERALA STATE LPG AND TANK TRUCK WORKERS UNION (C.I.T.U.), REGISTRATION NO.07-21/88, UDAYAMPEROOR P.O., NADAKKAVU, KOCHI-682 307. 6. THE SECRETARY, LPG TRANSPORTERS ASSOCIATION, UDAYAMPEROOR, ROOM NO.1, ANJALI BUILDING, NADAKKAVU P.O., KOCHI-682 307. R1 & R2 BY SR. GOVT. PLEADER SRI.K.C.SANTHOSHKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss K.SURENDRA MOHAN, J. ------------------------------------------- W.P.(C) No.23077 of 2010 ------------------------------------------- Dated this the 23rd July, 2010 JUDGMENT This writ petition is filed by the petitioners challenging Ext.P1 order passed under Section 10B of the Industrial Disputes Act, 1947 by the Government. As per Ext.P1, the Government have ordered certain interim measures to be in force till the disputes pending between the workers and the LPG Transporters Association are resolved. As per Ext.P2, the Government have referred the disputes for adjudication to the Labour Court, Ernakulam, with a direction that the Labour Court shall pass award in the matter within a period of three months. Since the dispute has already been referred for adjudication to the Labour Court, Ext.P1 order has been issued by the Government directing that every employee should be given an amount of Rs.9,500/- as monthly salary and limiting the number of trips to 13. It is further stipulated that if the number of trips exceeds 13, Rs.730/- should be paid, with respect to every additional trip so exceeding the limit. wpc No.23077/2010 2 2. According to the counsel for the petitioners, Ext.P1 has been issued without issuing notice to or hearing them. According to the petitioners, the LPG Transport Association is not a registered association of the petitioners and is not legally competent to enter into any sort of settlement on behalf of the petitioners. It is contended that the settlement, if any entered into with the said association was not binding on the petitioners. In view of the above, it is contended that Ext.P1 is absolutely without jurisdiction and liable to be set aside. 3. Adv.K.C.Santhosh Kumar, the learned Senior Government Pleader submits that Ext.P1 has been issued with the object of preserving industrial peace and only as an interim measure to be in force, until a final decision is taken in the matter by the Labour Court, which is the competent authority. Therefore, it is submitted that the dispute is best left to be decided by the Labour Court. 4. Sri.V.Chithambaresh, the Senior counsel who appears for the petitioner submits that dealers like the petitioners would not be able to run their agencies paying the amounts that are stipulated in Ext.P1. It is pointed out wpc No.23077/2010 3 that the amounts have been stipulated without any basis and therefore, to burden the agencies with such heavy financial commitments without giving an opportunity to them to present their views on the issue is absolutely without any justification. Therefore, he prays for quashing Ext.P1. 5. In view of the fact that the entire dispute has been referred to the Labour Court, Ernakulam and is pending adjudication of the said authority, it is better that the interim arrangement if any to enure during the pendency of the proceedings is also worked out by the very same authority. The petitioners as well as all other interested persons who are parties to the issue would also get an opportunity to present their views before any such interim arrangement is finalised. In view of the fact that Ext.P1 has been passed without hearing the petitioners, it is made clear that the stipulations contained in Ext.P1 shall not be applicable to or binding on the petitioners. Nor shall they be enforced against them. Any interim arrangement relating to the establishments of the petitioners shall be worked out after initiating appropriate wpc No.23077/2010 4 proceedings before the Labour Court and after affording an opportunity of being heard to them. This Writ Petition is disposed of as above. No costs. K.SURENDRA MOHAN, JUDGE css/