IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN TUESDAY, THE 16TH FEBRUARY 2010 / 27TH MAGHA 1931 RP.No. 114 of 2010() -------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.22555/2009 Dated 14/08/2009 .................... REVIEW PETITIONER(S): 2ND RESPONDENT IN W.P.(C): ----------------------------------------------------------------------------------- THE REGIONAL JOINT LABOUR COMMISSIONER, ERNAKULAM. BY GOVERNMENT PLEADER MR. K.C. SANTHOSH KUMAR RESPONDENT(S): PETITIONER & IST RESPONDENT IN W.P.(C): --------------------------------------------------------------------------------------------- 1. FACT EMPLOYEES (INTUC)PB NO.16, UDYOGAMANDAL,COCHIN-683 501 REP.BY THE GENERAL SECRETARY REPHEL,K.C.S/O.K.T.CHACKO,KOCHERI HOUSE, ELOOR,ERNAKULAM. 2. THE FERTILIZERS AND CHEMICALS TRAVANCORE LTD., UDYOGAMANDAL REP.BY GENERAL MANAGER. BY ADV. SMT. LALY VINCENT, SC THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 16/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss K.SURENDRA MOHAN, J. ------------------------------------------- R.P. No.114 of 2010 in W.P.(C)No.22555/2009 ------------------------------------------- Dated this the 16th day of February, 2010 ORDER The second respondent in the Writ Petition has filed this petition for review. The writ petitioner had raised an industrial dispute against the respondent company. As per the judgment under review, this Court had directed the Regional Joint Labour Commissioner, Ernakulam who is the petitioner herein to convene a conciliation conference and to finalise the proceedings for settlement of the dispute within a period of four months. According to the petitioner, the company being FACT, the appropriate Government with regard to the dispute is the Central Government. According to the petitioner, as per Annexure-B notification dated 5.5.2008, the Central Government has rescinded the earlier notification Annexure-A. Therefore, the petitioner has no power to comply with rp No.114/2010 2 the directions of this Court at present. According to the petitioner, the Assistant Labour Commissioner (Central), Ernakulam is the Conciliation Officer under the Central Government. It is submitted that the said officer has already initiated proceedings in the matter and conciliation proceedings are in progress. It is also submitted that Annexure-B notification was not brought to the notice of this Court at the time of passing the judgment under review. Therefore, this Court had issued the direction without taking note of Annexure-B notification. 2. In the above circumstances, the judgment dated 14.8.2009 passed in W.P.(c) No.22555/2009 is reviewed and set aside. Post Writ Petition No.22555/2009 on 1.3.2010. K.SURENDRA MOHAN, JUDGE css/