The Vayitri Plantations Limited vs M.P.Ramankutty on 6 November, 2008

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

OP.No. 1893 of 2002(A)


1. THE VAYITRI PLANTATIONS LIMITED,
                      ...  Petitioner

                        Vs



1. M.P.RAMANKUTTY,EX-ESTATE WORKER,
                       ...       Respondent

2. GOVERNMENT OF KERALA,REPRESENTED BY ITS

                For Petitioner  :SMT.T.D.RAJALAKSHMI

                For Respondent  :SRI.P.K.RAMKUMAR

The Hon'ble the Chief Justice MR.H.L.DATTU
The Hon'ble MR. Justice A.K.BASHEER

 Dated :06/11/2008

 O R D E R
                H.L.DATTU, C.J. & A.K.BASHEER, J.
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                              O.P.No.1893 OF 2002
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                 Dated this the 6th day of November, 2008

                                   JUDGMENT

H.L.DATTU, C.J.

Exhibit P3 order passed by the State Government referring a

point of dispute before the Labour Court for consideration and

decision is the subject matter of this writ petition.

(2) After failure of the conciliation proceedings, the workman

had approached the State Government to refer the point of dispute

for consideration and decision. The State Government, being of the

opinion that such a dispute would arise for consideration of the

Labour Court, has referred the following point of dispute before the

Labour Court. The same is as under:

“Whether the denial of employment to Sri.
M.P. Ramankutty, Estate Worker with effect from
19.2.1987 is justifiable or not? If not, what relief he
is entitled to?”

(3) The aforesaid order is questioned by the petitioner/employer

only on the ground that the State Government ought not to have

referred the dispute, since the workman was dismissed from service

way back in March, 1988.

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O.P.NO.1893/02

(4) In our opinion, this contention can be canvassed by the employer

before the Labour Court when the matter will be taken up for adjudication

and decision. The point of dispute referred by the State Government cannot be

the subject matter of this writ petition except under exceptional circumstances.

In that view of the matter, we decline to entertain this writ petition.

Ordered accordingly.

(H.L.DATTU)
CHIEF JUSTICE

(A.K.BASHEER)
JUDGE

cl/dk.

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O.P.NO.1893/02

H.L.DATTU, C.J. &
A.K.BASHEER, J.

O.P.No.1893 OF 2002

JUDGMENT

6th November, 2008