IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 9TH JANUARY 2008 / 19TH POUSHA 1929 OP.No. 32650 of 2001(J) ----------------------- PETITIONERS: ------------ 1. R.G.RADHAKRISHNAN, 28/1787-A, KRISHNAKRIIPA, NELLICODE, KOZHIKODE. 2. M.GOPINATHAN, 20/1086, ASHIRWAD, KALLAI.P.O., KOZHIKODE -3. 3. M.ASHOKAN, MADHURAKKANDY, VENGERI, CALICULT - 673010. 4. K.T.JOSEPH, "KEERTHANAM", 5/1910, S.V.COLONY ROAD, ERANHIPALAM.P.O., KOZHIKODE-673661. 5. M.KRISHNANKUTTY, ASARI PULPARAMBIL, MAVOOR.P.O., KOZHIKODE - 673661. 6. APPUKUTTAN.P.V., POONADATHIL HOUSE, THIRWANNUR NADA.P.O., CALICUT -29. 7. T.PARAMESHWARAN, "SREELAKSHMI", KELAMPATTA PARAMBA, KUTTIKADAVU, MAVOOR, KOZHIKODE. 8. T.O.MATHAI, THAKKOLKARAN HOUSE, PUTHENCHIRA EAST.P.O., IRINJALAKKUDA -680 682. 9. A.R.VISWANATHAN, ANJALASSERY HOUSE, THIRUTHISSERY, POST MEKKAD, ERNAKULAM. 10. K.N.THOMAS, KOVOOR HOUSE, NEAR PHED, M .P.ROAD, THIRUVALLA. 11. V.M.GANGADHARAN, VELATH PADIKKAL, ATHANIKKAL, WEST HILL P.O., KOZHIKODE. 12. C.P.RAMABHADRAN, C/O.R.G.RADHAKRISHANAN, 28/2787-A, KRISHNAKRIPA, NELLIKODE.P.O., KOZHIKODE. 13. P.N.CHITTARANJAN, C/O.T.O.MATHEW, THAKKOLKARAN HOUSE, PUTHENCHIRA.P.O., IRINJALAKUDA. 14. R.C.RAJAN, MADHUBAN, LAVKUSHA NAGAR, SECTOR-1, B.T.COLLEGE, KHANNDWA, GUJARAT. BY ADV. SRI.M.VIJAYAKUMAR SRI.M.RAMESH CHANDER RESPONDENTS: ------------- 1. STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, LABOUR DEPARTMENT, TRIVANDRUM. 2. VICE PRESIDENT, GRASIM INDUSTRIE LIMITED, PULP AND STAPLE FIBRE DIVISIONS, BIRLAKOOTAM, MAVOOR, KOZHIKODE DISTRICT. 3. GRASIM INDUSTRIES LIMITED, PULP AND STAPLE FIBRE DIVISIONS, BIRLAKOOTAM, MAVOOR, KOZHIKODE DISTRICT, REPRESENTED BY MANAGING DIRECTOR. BY ADV. SRI.ANTONY DOMINIC SRI.E.K.NANDAKUMAR SRI.A.K.JAYASANKAR NAMBIAR SMT.PRIYA MAHESH SMT.PRIYA MANJOORAN THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 07/01/2008, THE COURT ON 09/01/2008 DELIVERED THE FOLLOWING: O.P. NO.32650/2001 ORDER ON CMP NO.53158/2004 IN O.P. NO.32650/2001 DISMISSED SD/- 9.1.2008 S.SIRI JAGAN, JUDGE APPENDIX PETITIONER'S EXHIBITS: EXT. P1: COPY OF MEMORANDUM OF SETTLEMENT OF GRASIM INDUSTRIES. EXT. P2: COPY OF REPRESENTATION SUBMITTED BEFORE FIRST RESPT. DTD. 20.8.2001. /TRUE COPY/ P.A. TO JUDGE JP S.SIRI JAGAN, J. ======================= O.P. No. 32650 of 2001(J) ======================= Dated this the 9th day of January, 2008 JUDGMENT The petitioners are employees of the 3rd respondent- Company which is not an instrumentality of the State, who have been retrenched from service. The petitioners' grievance in this writ petition is that although they are also employees similar to the employees to whom benefits have been agreed to be paid as per Ext.P1 settlement, because of the cut off date fixed therein, the petitioners have been excluded from the purview of the settlement. Complaining of that allegedly unjust treatment, petitioners have filed Ext.P2 representation before the 1st respondent. Petitioners now seek direction to the 1st respondent to consider and pass appropriate orders on Ext.P2. The counsel for the 3rd respondent submits that earlier in respect of identical matter a dispute was raised which was referred for adjudication to the Industrial Tribunal which was withdrawn by the union on signing of Ext.P1 settlement and the individual O.P. No. 32650/2001/J -2- workman cannot raise a contention against Ext.P1 settlement. Whatever be the merits of the case, the 3rd respondent being not an instrumentality of the State coming within the purview of the writ jurisdiction of this Court, no orders can be issued against them in this writ petition. Further in the matter of labour disputes between the workers of the 3rd respondent and the 3rd respondent, the Government also does not have any power. The remedy of the petitioners, if any, lies in raising an industrial dispute, if they are legally entitled to do so despite Ext.P1 settlement, regarding which I am not expressing any opinion. Therefore, this writ petition is not maintainable. Accordingly, the same is dismissed. Sd/- S.SIRI JAGAN, JUDGE jp