Loading...

Kerala Socialist Trade Union … vs M/S.Indian Airlines Ltd. on 14 December, 2009

Kerala High Court
Kerala Socialist Trade Union … vs M/S.Indian Airlines Ltd. on 14 December, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 30241 of 2009(A)


1. KERALA SOCIALIST TRADE UNION GUILD,
                      ...  Petitioner
2. XAVIER GEORGE, RESIDING AT T.C.44/733,

                        Vs



1. M/S.INDIAN AIRLINES LTD., AIRLINES HOUSE
                       ...       Respondent

2. REGIONAL DIRECTOR, M/S.INDIAN AIRLINES

3. AIRPORT MANAGER, M/S.INDIAN AIRLINES

4. ASSISTANT LABOUR COMMISSIONER (CENTRAL)

                For Petitioner  :SRI.THOMAS ABRAHAM

                For Respondent  :SRI.E.K.NANDAKUMAR

The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR

 Dated :14/12/2009

 O R D E R
                 T.R. RAMACHANDRAN NAIR, J.
               ---------------------------------------
                   W.P.(C) No.30241 OF 2009
               ---------------------------------------
          Dated this the 14th day of December, 2009.


                          J U D G M E N T

The 1st petitioner is a registered trade union and they

represent certain workers enrolled as casual labourers in

M/s.Indian Airlines in Trivandrum Airport and the 2nd petitioner is

one of the casual workers under them. According to the

1st petitioner, there are 116 workers including the 2nd petitioner

who are represented by them.

2. The main complaint raised in the writ petition is that

without implementing the scheme for regularization as it is done

in other major cities, the Management is trying to induct other

contract workers. Exhibit P2 is the official note of the 79th

meeting of the Indian Airlines Limited. The case of the

petitioners further is that contract labourers are being gradually

inducted in the place of the casual workers. It is in these

circumstances, the petitioners have moved the 4th respondent

by filing Exhibit P4. Exhibit P5 is an order passed in

W.P.(C) No.30241/2009 2

W.P.(C) No.3138/2007 with regard to identically placed workers

in Calicut Airport.

3. As directed by this Court, the respondents 1 to 3 have

filed a counter affidavit. In the counter affidavit, it is pointed out

that the petitioners have rushed to this Court immediately after

filing Exhibit P4 and the writ petition is premature. They are

relying upon Exhibit R1(a) judgment of this Court in

W.P.(C)No.17787/2004 as well as the judgment in

O.P.No.25131/1999 (Exhibit R1(b)). It is pointed out that

pursuant to the directions issued by this Court, upon considering

the suggestions received, a Scheme was framed in respect of

casual daily rated employees at Trivandrum, Calicut and Cochin

Airports as Exhibit R1(c). Therefore, the case of the respondents

1 to 3 is that since the scheme has already been framed, the

casual daily rated employees are estopped from raising the same

issue again in this writ petition. 4th respondent is the Conciliation

Officer. It is upto the 4th respondent to conciliate the dispute and

take appropriate follow up action in the matter.

Therefore, there will be a direction to the 4th respondent to

W.P.(C) No.30241/2009 3

initiate steps for conciliation as enjoyed by law within two weeks

of the date of production of a copy of this judgment and finalise

the same in accordance with law. Learned counsel for the

petitioners submitted that pending such action, the respondents 1

to 3 may be directed not to bring any outside workers on contract

basis. In paragraph 14 of the counter affidavit, it is mentioned

that casual daily rated employees will be offered work by rotation

subject to availability of work. The same is recorded.

This writ petition is accordingly disposed of.

T.R. RAMACHANDRAN NAIR
JUDGE

smp

Leave a Comment

Your email address will not be published. Required fields are marked *

* Copy This Password *

* Type Or Paste Password Here *

Cookies help us deliver our services. By using our services, you agree to our use of cookies. More Information