IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 11TH FEBRUARY 2008 / 22ND MAGHA 1929 WP(C).No. 4797 of 2008(U) ------------------------- PETITIONERS: ------------ 1. PARAMEKKAVU DEVASWOM, THRISSUR-680 001 REPRESENTED BY ITS PRESIDENT-SRI K.MANOHANAN, "USHUS", KIZHAKKAMPATTUKARA, TRICHUR-5. 2. PARAMEKKAVU DEVASWOM, THRISSUR-680 001 REPRESENTED BY ITS SECRETARY-SRI.NARAYANANKUTTY, "SOPANAM", KIZHAKKAMPATTUKARA, TRICHUR-5. BY ADV. SRI.K.ANAND (A.201) SMT.LATHA KRISHNAN RESPONDENTS: ------------- 1. THRISSUR JILLA TEMPLE EMPLOYEES SANGH (BMS), SHORNUR ROAD, PATTURAIKKAL, THRISSUR, REP. BY ITS GENERAL SECRETARY. 2. THE SECRETARY TO GOVERNMENT, LABOUR AND REHABILITATION (A) DEPARTMENT, GOVT. OF KERALA THIRUVANANTHAPURAM. 3. INDUSTRIAL TRIBUNAL, PALAKKAD. BY GOVERNMENT PLEADER, SRI.A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ======================= W.P.(C) No. 4797 of 2008(U) ======================= Dated this the 11th day of February, 2008 JUDGMENT The petitioners challenge is against Ext.P2 reference order by which the following question was referred for adjudication by the Industrial Tribunal, Palakkad. "Whether the denial of employment to Sri.C.Pramod, Security man by the management of Paramekkavu Devaswom is justifiable? If not what relief he is entitled to get?" 2. The contention of the petitioner is that the petitioner is not an industry coming within the purview of the definition of 'industry' in the Industrial Disputes Act and the workman involved is not a 'workman' as defined in the Industrial Disputes Act. I am of the opinion that these questions can be agitated by W.P.(C) No. 4797/2008/U -2- the petitioner in the Industrial Dispute and the Industrial Tribunal is certainly empowered to decide that question also. In any event, these are matters which require ascertainment of facts on evidence. As such, I am not inclined to entertain this writ petition and accordingly, the same is dismissed without prejudice to the right of the petitioner to raise these contentions before the Industrial Tribunal at the time of adjudication of the dispute referred. S.SIRI JAGAN, JUDGE jp