IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 1ST JANUARY 2008 / 11TH POUSHA 1929 WP(C).No. 33962 of 2007(R) ----------------------------------- PETITIONERS: -------------------- 1. KERALA STATE COIRFED EMPLOYEES CONGRESS (INTUC), COIRFED, ALAPPUZHA-12, REPRESENTED BY ITS PRESIDENT A.A.SHUKKUR (KURUMPELIL HOUSE, SEA VIEW WARD, ALAPPUZHA). 2. A. YACOB, MACHINE ASSISTANT, R.C.P. UNIT, COIRFED, ALAPPUZHA-12 (PANACHUVEEDU,LAJNATH WARD,ALAPPUZHA) BY ADV. SRI.K.KARTHIKEYA PANICKER SMT.DAYA K. PANICKER RESPONDENTS: ----------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF INDUSTRIES, SECRETARIAT, THIRUVANANTHAPURAM-01. 2. THE REGIONAL JOINT LABOUR COMMISSIONER, OFFICE OF THE REGIONAL LABOUR COMMISSIONER, KOLLAM 3. THE MANAGING DIRECTOR, KERALA STATE CO-OPERATIVE COIR MARKETING FEDERATION LTD. (COIRFED), ALAPPUZHA-12. BY ADV. SRI.K.S.HARIHARAPUTHRAN, R3 BY ADV. SRI. GEORGE MATHEW GOVERNMENT PLEADER SMT. M.K.PUSHPALATHA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO: 33962/2007 R APPENDIX PETITIONER'S EXHIBITS EXT.P1. COPY OF THE ORDER NO. PM/1R/94-95/3825 DT. 25/1/95 BY R3. EXT.P2. COPY OF THE STANDING ORDER. EXT.P3. COPY OF THE ORIGINAL CALENDAR OF THE YEAR 2007. EXT.P4. COPY OF THE MEMO NO. 1/2196/2318 DT. 3/11/2007 BY R3. EXT.P4A. COPY OF THE MEMO NO. E.1/2196/2311 DT. 3/11/2007 BY R3. EXT.P5. COPY OF THE EXPLANATION DT. 6/11/2007 BEFORE THE R3. EXT.P6. COPY OF THE ORDER NO. E1/2196/2414 DT. 9/11/2007 BY R3. EXT.P7. COPY OF THE CHARGE SHEET NO. E1/2196/A/2734 DT. 30/11/2007 BY THE R3. RESPONDENT'S EXHIBITS EXT. R3A. COPY OF THE CIRCULAR DT. 10/10/07. EXT.R3B. COPY OF THE JUDGMENT DT. 12/11/2007 IN WPC NO. 33163/2007. EXT.R3C. COPY OF THE ATTENDANCE REGISTER FOR THE MONTH OF OCTOBER 2007. EXT.R3D. COPY OF THE ATTENDANCE REGISTER FOR THE MONTH OF NOVEMBER, 2007. True copy tga THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = WP(C).No.33962 of 2007-R = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 1st day of January, 2008. JUDGMENT 1.The first petitioner is a trade union and the second petitioner is one of its members. They espouse the cause of workmen of the third respondent, which is essentially an apex co- operative society. The workmen in question belonged to the R.C.P.Unit of the third respondent. Even in terms of the pleadings in paragraph 3 of the writ petition, they are workmen and the rights they assert are referable to the Industrial Employment Standing Orders that govern them. 2.The issue between the parties is as to whether the workmen in question are entitled to certain holidays and whether the management has acted WP(C)33962/07 -: 2 :- contrary to law in treating the absence of the workmen on the holidays as indiscipline. It is also stated that two punishments have been imposed for the same wrong. 3.Going by the pleadings on record, including the counter affidavit, it is apparent that the disputed questions of facts, including as to the nature of the claim, may have to be gone into. Under such circumstances, I am satisfied that it is inappropriate for this Court to step in, as of now and enter on an adjudication when better remedies are available before the authorities under the Industrial Disputes Act. 4.In the result, without expressing anything on merits, this writ petition is disposed of directing that if the petitioners raise appropriate complaint, the second respondent will take that into consideration and initiate appropriate action for conciliation and if need be, for further proceedings in accordance with WP(C)33962/07 -: 3 :- the provisions of the Industrial Disputes Act, including by obtaining a reference from the appropriate Government, if such reference is called for. Such action shall follow as expeditiously as possible, at any rate, within two months from the date of receipt of a copy of this judgment. The petitioners are also directed to place a copy of this judgment before the second respondent. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/