IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 17TH AUGUST 2009 / 26TH SRAVANA 1931 WP(C).No. 16556 of 2009(L) -------------------------- PETITIONER(S): --------------- 1. S.RAJAN, S/O.SOMAN, AGED 40 YEARS, ELAVANGAM SOMALYAM, KANNARAVILA, NELLIMOOD P.O., NEYYATTINKARA TALUK, THIRUVANANTHAPURAM DISTRICT. 2. M.ANIL KUMAR, S/O.MADHAVAN PILLAI, AGED 37 YEARS, KALLIKAD VADEKE PUTHEN VEEDU, AMACHAL P.O., KATTAKADA, THIRUVANANTHAPURAM DIST. BY ADV. SRI.C.M.STEPHEN RESPONDENT(S): --------------- 1. SOUTHERN REFINERIES LIMITED, KUZHINJANVILA, PARASSALA P.O., THIRUVANANTHAPURAM DISTRICT- 695502, REPRESENTED BY THE EXECUTIVE DIRECTOR. 2. GOVERNMENT OF KERALA, REPRESENTED BY THE SECRETARY TO THE MINISTRY OF LABOUR, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 3. THE LABOUR COMMISSIONER, OFFICE OF THE LABOUR COMMISSIONER, HOUSING BOARD BUILDINGS, THAMPANOOR, THIRUVANANTHAPURAM. WP(C).No. 16556 of 2009 :: 2 :: 4. THE DISTRICT LABOUR OFFICER, OFFICE OF THE DEPUTY LABOUR COMMISSIONER, LABOUR OFFICE ANNEXE NEAR RESERVE BANK OF INDIA, BAKERY JUNCTION, THIRUVANANTHAPURAM. ADV. SRI.E.K.NANDAKUMAR FOR R1 SRI.A.K.JAYASANKAR NAMBIAR FOR R1 SRI.K.JOHN MATHAI FOR R1 SRI.P.BENNY THOMAS FOR R1 SRI.ANIL D. NAIR FOR R1 SRI.V.J.ANAND FOR R1 R2 TO R4 BY GOVERNMENT PLEADER SRI.P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J. ---------------------------------------- W.P.(C).No.16556 of 2009 ---------------------------------------- Dated this the 17th day of August, 2009. JUDGMENT The petitioners, who claim to be regular employees in the 1st respondent establishment, have sought for a writ of mandamus directing respondents 2 to 4 to see that the petitioners are back in duty in the same grade in the 1st respondent-establishment with back wages, continuity of service and other emoluments and entitlements like annual increment, bonus etc. 2. I heard learned counsel for the petitioners and learned counsel for the 1st respondent also. 3. The remedy of the petitioners is to raise an industrial dispute in accordance with the provisions of the Industrial Disputes Act. There are at liberty to do so. W.P.(C).No.16556 of 2009 :: 2 :: Without prejudice to the right of the petitioners in this regard, the writ petition is closed. Sd/- (V.GIRI) JUDGE sk/ //true copy// P.S. to Judge