IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 8TH NOVEMBER 2010 / 17TH KARTHIKA 1932 WP(C).No. 32949 of 2010(P) -------------------------------------- PETITIONER(S): ---------------------- C.JAYESH,S/O.KRISHNADAS,CHOLLAK HOUSE, SWAGATHAMAD,RANDATHANI,MALAPPURAM DISTRICT. BY ADV. SRI.P.CHANDRASEKHAR RESPONDENT(S): ------------------------- 1. THE KERALA STATE TEXTILE CORPORATION LTD REPRESENTED BY ITS MANAGING DIRECTOR, TRIVANDRUM.PIN- 695010. 2. THE GENERAL MANAGER,EDARIKODE TEXTILES P.O,PUTHUPARAMBA,EDARIKODE-676 501. 3. THE DISTRICT EMPLOYMENT OFFICER, MALAPPURAM. PIN- 676 506. R1 BY ADV. SRI. P.K.VIJAYAMOHANAN. R3 BY GOVERNMENT PLEADER SRI. ANTONY MUKKATH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No. 32949 of 2010 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 8th day of November, 2010 J U D G M E N T The petitioner is a casual worker in the Edarikode Textiles of the 1st respondent-Kerala State Textile Corporation Limited. According to the petitioner, the petitioner is entitled to regularisation in service. But overlooking the claim of the petitioner other casual employees have been preferred to the petitioner for regularisation. In respect of the same, the petitioner filed W.P.(C) No.27608/2005. While so, the Edarikode Textiles Gate Casual Thozhilali Union raised an industrial dispute which is pending adjudication as I.D. No.8/2010 before the Labour Court, Kozhikode. While that I.D. is pending, the management is taking hurried steps to appoint fresh Badli hands in violation of rules and norms, which violates Section 33 of the Industrial Disputes Act, is the grievance of the petitioner in this writ petition. I am of opinion that, W.P.(C)No. 32949 of 2010 -2- violation of Section 33 of the Industrial Disputes Act while the industrial dispute is pending has to be taken up by the party before the Labour Court, Kozhikode itself, by filing a complaint as provided in Section 33 A of the Industrial Disputes Act. Therefore without prejudice to that right this writ petition is dismissed. S. SIRI JAGAN JUDGE shg/