IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 14TH DECEMBER 2009 / 23RD AGRAHAYANA 1931 WP(C).No. 30241 of 2009(A) -------------------------------- PETITIONERS: ---------------- 1. KERALA SOCIALIST TRADE UNION GUILD, INDIAN AIRLINES CASUAL EMPLOYEES UNIT REG.NO.01-51 OF 1996, TRIVANDRUM INTERNATIONAL AIRPORT, THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY, PRADEEP S., R/AT SANTHA BHAVAN, KARINGAL, KANDALA, KATTAKKADA P.O., THIRUVANANTHAPURAM. 2. XAVIER GEORGE, RESIDING AT T.C.44/733, OLG NAGAR, VALLAKKADAVU P.O., VALIYATHURA, THIRUVANANTHAPURAM. BY MR.THOMAS ABRAHAM, ADVOCATE. MR.R.DIPU, ADVOCATE. MS.MERCIAMMA MATHEW, ADVOCATE. MR.K.S. HARIDAS, ADVOCATE. MR.RENJITH KUMAR V, ADVOCATE. RESPONDENTS: ----------------- 1. M/S.INDIAN AIRLINES LTD., AIRLINES HOUSE NEW DELHI, REPRESENTED BY ITS MANAGING DIRECTOR. 2. REGIONAL DIRECTOR, M/S.INDIAN AIRLINES LTD., MEENAMBAKKAM, CHENNAI. 3. AIRPORT MANAGER, M/S.INDIAN AIRLINES LTD.,TRIVANDRUM INTERNATIONAL AIRPORT, TRIVANDRUM. 4. ASSISTANT LABOUR COMMISSIONER (CENTRAL) UPPALAM ROAD, THIRUVANANTHAPURAM. BY MR.E.K.NANDAKUMAR, ADVOCATE, FOR R1-R3 MR.T.T. MUHAMOOD, SR. GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.30241 OF 2009 --------------------------------------- Dated this the 14th day of December, 2009. J U D G M E N T The 1st petitioner is a registered trade union and they represent certain workers enrolled as casual labourers in M/s.Indian Airlines in Trivandrum Airport and the 2nd petitioner is one of the casual workers under them. According to the 1st petitioner, there are 116 workers including the 2nd petitioner who are represented by them. 2. The main complaint raised in the writ petition is that without implementing the scheme for regularization as it is done in other major cities, the Management is trying to induct other contract workers. Exhibit P2 is the official note of the 79th meeting of the Indian Airlines Limited. The case of the petitioners further is that contract labourers are being gradually inducted in the place of the casual workers. It is in these circumstances, the petitioners have moved the 4th respondent by filing Exhibit P4. Exhibit P5 is an order passed in W.P.(C) No.30241/2009 2 W.P.(C) No.3138/2007 with regard to identically placed workers in Calicut Airport. 3. As directed by this Court, the respondents 1 to 3 have filed a counter affidavit. In the counter affidavit, it is pointed out that the petitioners have rushed to this Court immediately after filing Exhibit P4 and the writ petition is premature. They are relying upon Exhibit R1(a) judgment of this Court in W.P.(C)No.17787/2004 as well as the judgment in O.P.No.25131/1999 (Exhibit R1(b)). It is pointed out that pursuant to the directions issued by this Court, upon considering the suggestions received, a Scheme was framed in respect of casual daily rated employees at Trivandrum, Calicut and Cochin Airports as Exhibit R1(c). Therefore, the case of the respondents 1 to 3 is that since the scheme has already been framed, the casual daily rated employees are estopped from raising the same issue again in this writ petition. 4th respondent is the Conciliation Officer. It is upto the 4th respondent to conciliate the dispute and take appropriate follow up action in the matter. Therefore, there will be a direction to the 4th respondent to W.P.(C) No.30241/2009 3 initiate steps for conciliation as enjoyed by law within two weeks of the date of production of a copy of this judgment and finalise the same in accordance with law. Learned counsel for the petitioners submitted that pending such action, the respondents 1 to 3 may be directed not to bring any outside workers on contract basis. In paragraph 14 of the counter affidavit, it is mentioned that casual daily rated employees will be offered work by rotation subject to availability of work. The same is recorded. This writ petition is accordingly disposed of. T.R. RAMACHANDRAN NAIR JUDGE smp