IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 2ND FEBRUARY 2011 / 13TH MAGHA 1932 WP(C).No. 25045 of 2009(A) --------------------------------------- ID.169/2006 of LABOUR COURT, ERNAKULAM .................... PETITIONER(S): ------------------------ 1. P.MANOHARAN,S/O.PONNUSWAMY CHETTIAR, THIRUMALGIRI,SIVATHAPURAM,SALEM-636307. 2. S.DEVARAJAN, S/O.SHANMUGHAN,D.NO.201, PERIYAR STREET,OLD SURAMANGALAM,SELAM-5. BY ADV. SRI.C.ANIL KUMAR SMT.A.K.PREETA RESPONDENT(S): -------------------------- 1. CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL- CUM-LABOUR COURT,ERNAKULAM,KOCHI-14. 2. THE GENERAL MANAGER,SOUTHERN RAILWAY, CHENNAI. 3. * THE GENERAL SECRETARY,DAKSHINA RAILWAY CASUAL LABOUR UNION,EDAPPALLY NORTH,KOCHI-24. * THE THIRD RESPONDENT IS DELETED FROM THE PARTY ARRAY AS PER ORDER DATED 22/2/2010 IN I.A.NO.2163/2010 R1 BY ADV. SRI.T.P.M.IBRAHIM KHAN,ASST.S.G OF INDI R2 BY ADV. SRI.S.K.MURALEEDHARA KAIMAL, SC,RAILWAY SRI.C.S.DIAS,SC, RAILWAYS THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.25045/2009 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE REFERENCE ORDER DATED 11/3/1998. P2 COPY OF THE AWARD DATED 13/10/2006 PASSED BY THE CENTRAL GOVERNMENT LABOUR COURT IN ID 169/2006. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A.TO.JUDGE sts P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 25045 OF 2009 -------------------------- Dated this the 2nd day of February, 2011 J U D G M E N T The petitioners were casual employees working in the Southern Railway. The Dakshina Railway Casual Labour Union raised a dispute regarding the non regularization of 162 casual labourers including the petitioners despite the long service that they had. The said dispute was referred by the Central Government to the Labour court, Ernakulam, by Ext.P1 order dated 11.3.1998. The names of the petitioners appear in the list appended to Ext.P1. The the workers were represented by the General Secretary, Dakshina Railway Casual Labour Union, Edappally North, Kochi. The General Secretary of the Union remained absent continuously even after service of notice and therefore the Labour Court held that there is no subsisting dispute. Ext.P2 award was accordingly passed holding that the action of the management in not regularising the service of the workers is legal and proper. Ext.P2 award is under challenge in this writ petition. 2. The petitioners state that Sri. C.P.Menon, the General Secretary of the Dakshina Railway Casual Labour Union passed away in the year 2005 and thereafter the Union itself became defunct and that was the reason why the General Secretary of the Dakshina Railway Casual Labour Union did not appear before the Labour Court representing the employees named in Ext.P1 order. It is stated that the employees were WPC No.25045/09 2 unaware of the award passed by the Labour Court till the year 2008 and that as the claims of a large number of workmen namely 163 in number have been rejected for the failure of the representative of the General Secretary of the Union to prosecute the case, the award passed by the Labour Court may be set aside and the Labour Court may be directed to take back I.D. No.169 of 2006 to file and to dispose of the same in accordance with law after notice to both sides. The petitioners have stated in the writ petition that the General Secretary of the trade union died in the year 2005, that thereafter the trade union became defunct and that was the reason why the workmen were unrepresented. Though the second respondent has been served, the second respondent has not disputed the said averment by filing a counter affidavit. 3. I heard Smt. A.K.Preetha, learned counsel appearing for the petitioners and Sri.C.S.Dias, learned counsel appearing for the second respondent. I have also gone through the pleadings and the materials on record. A reading of Ext.P2 award indicates that the Labour Court had not decided the dispute on the merits but had held that the action of the management in not regularising the workers is legal only for the reason that no evidence was adduced on the side of the workmen. In the nature of the dispute that was referred for adjudication and having regard to the fact that the rights of 163 workers are involved, I am of the opinion that the workmen WPC No.25045/09 3 should be afforded an opportunity to have the dispute resolved on the merits. I accordingly allow the writ petition, quash Ext.P2 and direct the Labour Court, Ernaulam to take back I.D. No.169 of 2006 to file and dispose of the same on the merits after affording the petitioners and the second respondent an opportunity of adducing evidence in support of their rival contentions and a reasonable opportunity of being heard. The parties shall appear before the Labour Court, Ernakulam on 7.3.2011 along with a certified copy of this judgment. The Labour Court shall endeavour to dispose of the dispute expeditiously. P.N.RAVINDRAN, (JUDGE) vps WPC No.25045/09 4 WPC No.25045/09 5