IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 17TH FEBRUARY 2009 / 28TH MAGHA 1930 WP(C).No. 5125 of 2009(I) ------------------------- PETITIONER(S): --------------- 1. XAVIER, S/O. SILVARAYAR, KANAKKANKULAM, KOZHIPPARA.P.O, CHITTUR TALUK, PALAKKAD DISTRICT. 2. K. SIVARAMAN, S/O. KITTA, NOOLKARAN CHALLA, KOZHIPPARA.P.O. 3. CHANDRIKA, W/O. CHANDRAN, NOOLKARAN CHALLA, KOZHIPPARA.P.O. 4. DENNIS JOSEPH, S/O. PERIYANAYAKAM, DEVARAYAM KOTTAI, MENONPAR.P.O, PALAKKAD DISTRICT. 5. SANDIYAGU, S/O. SILVARAYAR, KANAKKANKULAM, KOZHIPARA, CHITTUR TALUK, PALAKKAD DISTRICT. 6. DANIAL DHARMARAJ, S/O. SILVARAYAR, KANAKKANKALAM, KOZHIPARA, PALAKKAD DISTRICT. 7. M. NARAYANAN, S/O. MANIKKAN, ERIKKALAMPRA, PARISAKKAL.P.O. 8. V. MANIKANDAN, S/O. VEERASWAMI, KANAKKANKALAM, KOZHIPARA.P.O. 9. D. LASSAR, S/O. DURAIRAJ, ELIPPARA, KOZHIPPARA.P.O, PALAKKAD. 10. RATHNA SWAMY, S/O. PICHAMUTHU, KOLAMADACHALLA, MENONPARA.P.O, PALAKKAD. 11. S. AROGYASWAMI, S/O. SOURINAYAKAM PILLAI, MENONPARA.P.O, PALAKKAD DISTRICT. 12. RAGHAVAN, S/O. MADHAVAN, THEVARAYANKOTTA, MENONPARA.P.O, PALAKKAD. 13. ANANDARAJ, S/O. ANTHONISWAMI, KANAKKANKLAM, KOZHIPARA.P.O. 14. VINCENT, S/O. ANTHONISWAMY, KANAKKANKULAM, KOZHIPARA, CHITTUR TALUK, PALAKKAD DISTRICT. 15. J. DEVADAS, S/O. JOHN CRUZ, KANAKKANKULAM, KOZHIPARA, CHITTUR TALUK, PALAKKAD DISTRICT. 16. SEBASTIAN, S/O. PATYAN, KOPPUMENONKALAM, KOZHIPPARA.P.O. 17. L. AMAL RAJ, S/O. LOURDE SWAMI, KANAKKANKULAM, KOZHIPARA.P.O, CHITTUR TALUK, PALAKKAD DISTRICT. 18. AROGYASWAMI, S/O. LOURDSWAMY, KANAKKANKULAM, KOZHIPPARA.P.O, CHITTUR TALUK, PALAKKAD DISTRICT. 19. PACKIYAM, S/O. RAYAPPAN, KANAKKANKULAM, KOZHIPPARA.P.O, CHITTUR TALUK, PALAKKAD DISTRICT. 20. ROBERT, S/O. THANKAPRAKASH, ELIPPARA, KOZHIPPARA.P.O, PALAKKAD. 21. PAUL AROGRYASWAMY, S/O. RAYAPPAN, KANAKKANKULAM, KOZHIPPARA.P.O, CHITTUR TALUK, PALAKKAD DISTRICT. 22. AMALOLBHAVA MARY, W/O. LATE JOSEPH, ELIPPARA, KOZHIPPARA.P.O, VADAGARAPATHY VILLAGE, CHITTUR TALUK, PALAKKAD DISTRICT. 23. ERUDHAYASWAMU, S/O. SAURIMUTHU, KOTTIPPARA, KOZHIPPARA.P.O. BY ADV. SRI.H.BADARUDDIN RESPONDENT(S): --------------- 1. THE MANAGING DIRECTOR, CO-OPERATIVE SUGARS LTD. NO. 4322, MENONPARA - 678 556. 2. THE STATE ADVISORY LABOUR BOARD, ERNAKULAM. 3. THE DISTRICT LABOUR OFFICER, PALAKKAD. 4. THE VOLUNTARY RETIREMENT COMMISSIONER, THIRUVANANTHAPURAM. By STANDING COUNSEL SRI B S KRISHNAN(SR) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B RADHAKRISHNAN, J ........................................... WP(C).NO. 5125 OF 2009 ............................................ DATED THIS THE 17 TH DAY OF FEBRUARY, 2009 JUDGMENT This matter has been placed before me as a Co-operative Societies Act matter, essentially because of the endorsement made on the docket while filing this case, but a perusal shows that apart from the fact that the employer is a Co-operative Society, there is nothing relatable to Co-operative Society law that arises for consideration. Under the normal situation, I would have to send this file back in terms of the roaster, but having read the papers, I do not find it necessary to further upload the work of another learned brother/sister Judge also. The workmen of first respondent, Co-operative Sugars Ltd, obtained Ext.P3 order from the government under the provisions of Kerala Headload Workers Act. That was way back on 30.11.2005. The complaint is that though first respondent which remained closed for quite some time has now reopened, it has not given effect to that decision of the government. This is a matter that petitioners have to pursue before the labour authorities including the authorities under the Headload Workers Act or even the State Government and not for the High Court to issue any writ compelling Co-operative Society to act in terms of government decision, even if it were a statutory decision. In the realm of labour laws, petitioners have adequate WP(C) 5125/2009 2 alternate remedies also. Writ petition is hence dismissed without prejudice to any such recourse. THOTTATHIL B RADHAKRISHNAN, JUDGE lgk/19/2