IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 8TH JANUARY 2009 / 18TH POUSHA 1930 WP(C).No. 33437 of 2007(E) ---------------------------------- PETITIONER: ---------------- THE KOTTAYAM CEMENTS EMPLOYEES CONGRESS, NATTAKOM, KOTTAYAM, REP. BY ITS GENERAL SECRETARY, PHILIP JOSEPH. BY ADV. SRI.FEBIN J.VELUKARAN RESPONDENTS: ------------------- 1. THE TRAVANCORE CEMENTS LTD., NATTAKOM, KOTTAYAM, REP. BY ITS MANAGING DIRECTOR. 2. THE PRINCIPAL SECRETARY, INDUSTRIES (H) DEPARTMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. ADV. SRI.B.S.KRISHNAN, SC, TRAVANCORE CEMENT FOR R1 SRI.K.ANAND (A.201) FOR R1 SMT.LATHA KRISHNAN FOR R1 GOVERNMENT PLEADER SRI. P.N. SANTHOSH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.33437/2007 A P P E N D I X PETITIONER'S EXHIBITS: EXT. P1 : COPY OF the MEMORANDUM OF SETTLEMENT DT.26.04.05 ENTERED INTO BETWEEN THE CEMENT MANUFACTURES ASSOCIATION AND THE CENTRAL TRADE UNIONS. EXT. P2 : COPY OF the REPRESENTATIONS DT.28.05.05 & 29.06.05 PREFERRED IN THIS REGARD BY THE PETITIONER BEFORE THE 1ST RESPONDENT. EXT. P3 : COPY OF the SAID LETTER DT. 13.08.05 WRITTEN BY THE 1ST RESPONDENT TO THE 2ND RESPONDENT RECOMMENDING IMPLEMENTATION OF EXT. P1 SETTLEMENT. EXT. P4 : COPY OF THE REPRESENTATIONS DT.13.10.06 & 08.02.07 PREFERRED BEFORE THE RESPONDENTS. EXT. P5 : COPY OF THE REMINDER OF THE 1ST RESPONDENT DT.22.4.2008. EXT. P6 : COPY OF THE CIRCULARS ISSUED BY CMA, DT.30.11.07 AND 29.2.08. EXT. P7 : COPY OF the ORDERS OF REVISIONS OF VARIABLE DEARNESS ALLOWANCE DT.17.12.07 AND 10.03.08. RESPONDENT'S EXHIBITS: NIL. // True Copy // P.A. to Judge. smp ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.33437 of 2007 --------------------------------- Dated, this the 8th day of January, 2009 J U D G M E N T The petitioner represents the workers of the 1st respondent company. The petitioner submits that by Ext.P1 Memorandum of Settlement entered into between the Trade Union and the Cement Manufacturers Association, the parties have agreed for revision of the wages and other benefits that are payable to the workers of the establishments represented by the aforesaid Association. According to the petitioner, by Exts.P3 and P5, the 1st respondent has sought the sanction of the 2nd respondent for implementation of Ext.P1. In so far as the employees of the 1st respondent Establishment is concerned, orders have not been passed by the 1st respondent on Ext.P3. Therefore, reminders have been sent by the 1st respondent and Ext.P5 is one of the reminders. Despite all these, a final decision has not been taken by the 2nd respondent and it is in this background the writ petition has been filed praying for a direction to the 2nd respondent to accord sanction for the implementation of Ext.P1 and to direct the 1st respondent to implement Ext.P1 WP(C) No.33437/2007 -2- Settlement forthwith. 2. Although, the 1st respondent has a case that it is not a member of the Cement Manufacturers' Association, having regard to the fact that by Exts.P3 and P5, the 1st respondent has approached the 2nd respondent seeking sanction for the implementation of Ext.P1, the disputed question as to whether the 1st respondent is a member of the Association or not, is immaterial. 3. Taking into account, the pendency of the recommendation made by the 1st respondent before the 2nd respondent, it is ordered that the 2nd respondent shall consider Exts.P3 and P5, and take a final decision in this matter. This shall be done as expeditiously as possible, at any rate, within eight weeks of production of a copy of this judgment. The petitioner shall produce copy of this judgment before the 2nd respondent for compliance. The writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg