IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 27TH OCTOBER 2009 / 5TH KARTHIKA 1931 WP(C).No. 30337 of 2009(J) -------------------------- PETITIONER(S): --------------- M.MOHANAN, AGED 46 YEARS, S/O. MADHAVA PANICKER, KUNNUVILA HOUSE, VILAPPIL KURISUMUTTOM, PEYAD.P.O. THIRUVANANTHAPURAM. BY ADV. SRI.M.G.KARTHIKEYAN RESPONDENT(S): --------------- 1. THE DEPUTY COMMISSIONER OF EXCISE, KOLLAM. 2. THE WELFARE FUND INSPECTOR, KERALA TODDY WORKERS WELFARE FUND BOARD, KOLLAM. 3. KOLLAM JILLA MADHYA SHOP THOZHILALI UNION, AFFILIATED TO CITU REG. NO. 307/71, HEAD OFFICE CITU BHAVAN, KOLLAM- 690013 REPRESENTED BY ITS SECRETARY S.RAJAMOHANAN. 4. DESIYA KALLU CHETHU VYAVSAYA THOZHILALI FEDERATION (INTUC) REG. NO. 448/83, D.C.C. OFFICE KOLLAM REPRENTED BY ITS GENERAL SECRETARY KUREEPUZHA VIJAYAN. 5. KOLLAM JILLA MADHYA VYAVASAYA MASDOOR SA NGH (BMS) REG. NO. 414/86, H.O.MASDOOR BHAVAN, THAMARAKKULAM KOLLAM-691001 REPRESENTED BY ITS PRESIDENT, J.ANILKUMAR. 6. QUILON RANGE CHETHU THOZHILALI UNION AFFILIATED TO CITU HEAD OFFICE, CITU BHAVAN, KOLLM 690013 REP. BY ITS SECRETARY SRI. VENUGOPAL. 7. THE DITRICT LABOUR OFFICER, KOLLAM. R2 BY SRI.RENIL ANTO, S.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.30337 OF 2009 ------------------------------------------- Dated this the 27th day of October, 2009 JUDGMENT Heard learned counsel for the petitioner, learned Government Pleader for respondents 1 and 7 and standing counsel for the second respondent. Notice to respondents 3 to 6 dispensed with, preserving their right for re-hearing of the matter, if aggrieved. The petitioner seeks an order for refund of amounts deposited as security towards one month wages of the workers. That amount has to be necessarily refunded unless the workers have a sustainable claim. The 6th respondent appears to have not consented to the release of the amounts on the basis of certain claims. The matter relates to the realm of labour and the District Labour Officer has to adjudicate on the issue by hearing the petitioner and the 6th respondent and take a decision in accordance with law at the earliest. Let such decision be rendered within a period of two months without fail. Obviously, WPC.30337/09 2 if conciliation fails, the matter can be referred to the appropriate authority for initiating an industrial dispute in terms of the Industrial Disputes Act. The writ petition is ordered accordingly. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.2/11.