KERALA GAZETTE

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PUBLISHED BY AUTHORITY

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Government of Kerala

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2012

No.

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Vol. I

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11th September 2012

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THIRUVANANTHAPURAM, TUESDAY

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Regn. No. KERBIL/2012/45073

dated 5-9-2012 with RNI

Reg. No. cPn. \º¿

KL/TV(N)/12/12-14

Labour and Rehabilitation Department

Labour and Rehabilitation (A)

ORDERS

(1)

G . O. (Rt.) No. 1221/2012/LBR.

Thiruvananthapuram, 8th August 2012.

Read:—1. G. O. (Rt.) No. 1008/10/LBR dated

31-5-2010.

2. Application dated 29-12-2012 from

Smt. P. J. Udayakumari.

3. Letter No. I(1)10263/12 dated 5-7-2012

from

the

Labour

Commissioner,

Thiruvananthapuram.

In the circumstances explained in the application

read as 2nd paper above and in the letter read as 3rd

paper above, Government are pleased to withdraw the

industrial Dispute case referred as per 1st paper above,

from the Labour Court, Kozhikode and to refer it to the

Labour Court, Kannur for further adjudication, invoking

section 33(B) of the Industrial Disputes Act, 1947.

The Government Orders read as 1st paper above

stands modified to the above extent.

(2)

G . O. (Rt.) No. 1244/2012/LBR.

Thiruvananthapuram, 14th August 2012.

Read:—1. Letter No. I(2)24353/2011 dated 31-10-2011

from

the

Labour

Commissioner,

Thiruvananthapuram.

2. G. O. (Rt.) No. 30/12/LBR. dated 5-1-2012.

3. Representation dated 24-2-2012 from

the Secretary, Silverstream Plastics and

Chemicals Employees Union (SPCEU).

4. Letter No. I(2)7508/2012 dated 16-7-2012

from

the

Labour

Commissioner,

Thiruvananthapuram.

As per the G. O. read as 2nd paper above, the above

said Industrial Dispute was referred to the Labour Court,

Ernakulam for adjudication.

2. As per the representation read as 3rd paper above

the Secretary, Silverstream Plastics and Chemicals

Employees Union (SPCEU) had requested to make some

amendments in respect of the issues referred for

adjudication.

PART I

Notifications and Orders issued by the Government

3. The Labour Commissioner vide his letter read as

4th paper above recommended the proposal of the

Secretary, Silverstream Plastics and Chemicals Employees

Union (SPCEU).

4. In these circumstances Government have examined

the matter in detail and are pleased to amend the

G. O. (Rt.) No. 30/12/LBR dated 5-1-2012 incorporating the

following revised issues to be referred for adjudication.

(1)

Whether the charter of demands submitted by

the union regarding wage, revision etc., of the

employees of Silverstream Plastics and

Chemicals are justifiable ?

(2)

Whether the lock out with effect from 30-10-2010

and closure with effect from 1-12-2010 by the

management during the conciliation pending

before the District Labour Officer, Ernakulam is

legal or illegal.

(3)

Whether the retrenchment of the workmen with

effect from 1-12-2010 is legal and justifiable?

(4)

Whether any unfair labour practices have been

committed by the management against the

workmen ?

(5)

What are the reliefs the workers are entitled to ?

and the following changes in the address of the

Management.

Sri M. A. Habeeb,

Managing Partner,

Silver Stream Plastics and Chemicals,

Temple Road, Park Avenue,

Aluva.

5. The Government Orders read as 2nd paper above

stands modified to the above extent.

By order of the Governor,

T. R. SOMASUNDARAN,

Under Secretary to Government.

ORDERS

(1)

G . O. (Rt.) No. 1183/2012/LBR.

Thiruvananthapuram, 4th August 2012.

Read:—Letter No. I(3) 11459/2012 dated 29-5-2012

from the Labour Commissioner.

Whereas, the Government are of opinion that an

industrial dispute exists between the Secretary, Pulpally

Ksheerolpadaka Sahakarana Sangham, Pulpally P. O. and

the workman of the above referred establishment

Sri Jaimon S/o Eldose, Maracheriyil Veedu, Veliyambam P. O.,

Pulpally in respect of matters mentioned in the annexure

to this order ;

And whereas, in the opinion of Government it is

necessary to refer the said industrial dispute for

adjudication;

Now, therefore, in exercise of the powers conferred

by section 10(1) (C) of the Industrial Disputes Act of 1947

(Central Act XIV of 1947), the Government hereby direct

that the said industrial dispute be referred for adjudication

to the Labour Court, Kannur.

The Labour Court will pass

the award within a period of three months.

ANNEXURE

Whether the denial of employment to Sri Jaimon,

Milk Collector cum Tester by the management of

Pulpally Ksheerolpadaka Sahakarana Sangham is

justifiable ?

If not, what relief he is entitled to ?

(2)

G . O. (Rt.) No. 1184/2012/LBR.

Thiruvananthapuram, 4th August 2012.

Read:—Letter No. I(6) 11612/2012 dated 28-5-2012

from the Labour Commissioner.

Whereas, the Government are of opinion that an

industrial dispute exists between Sri Ahmmed Kutty,

Abdul Ali, Pandikasala, Narikoth, Pulikkal P. O.,

Malappuram and the workman of the above referred

establishment Sri Kunhali, P. M., Muhammed Koya,

Puthalath Maliyekkal, Beypore P. O., Kozhikode in respect

of matters mentioned in the annexure to this order ;

And whereas, in the opinion of Government it is

necessary to refer the said industrial dispute for

adjudication;

Now, therefore, in exercise of the powers conferred

by section 10(1) (C) of the Industrial Disputes Act of 1947

(Central Act XIV of 1947), the Government hereby direct

that the said industrial dispute be referred for adjudication

to the Labour Court, Kozhikode.

The Labour Court will

pass the award within a period of three months.

ANNEXURE

Whether the termination from service of

Sri Kunhali, P. M., Manager, Delta Lodge,

Beypore by the management of Delta Lodge is

justifiable ?

If not, what relief he is entitled to ?

(3)

G . O. (Rt.) No. 1187/2012/LBR.

Thiruvananthapuram, 4th August 2012.

Read:—Letter No. I(4) 10958/2012 dated 21-5-2012

from the Labour Commissioner.

Whereas, the Government are of opinion that an

industrial dispute exists between the (1) Managing Director,

Adat Farmers Service Co-operative Bank-R.689,

Puranattukara (2) the Administrator, Assistant Registrar

(General), Co-operative Society, Thrissur and the workman

of the above referred establishment by Smt. Sheeja

W/o Venu, Illath House, Adat P. O. in respect of matters

mentioned in the annexure to this order ;

iii

And whereas, in the opinion of Government it is

necessary to refer the said industrial dispute for

adjudication;

Now, therefore, in exercise of the powers conferred

by section 10 (1) (d) of the Industrial Disputes Act of 1947

(Central Act XIV of 1947), the Government hereby direct

that the said industrial dispute be referred for adjudication

to the Industrial Tribunal, Palakkad. The Industrial Tribunal

will pass the award within a period of three months.

ANNEXURE

1. Whether the denial of employment to Smt. Sheeja

w/o Venu, Illath House, Adat P. O. by the

management of Adat Farmers Service Co-operative

Bank-R. 689, Puranattukara is justifiable ?

2. If not, what other relief she is entitled to get ?

(4)

G . O. (Rt.) No. 1206/2012/LBR.

Thiruvananthapuram, 6th August 2012.

Read:—Letter No. I (5) 14928/2012 dated 11-7-2012

from the Labour Commissioner.

Whereas, the Government are of opinion that an

industrial dispute exists between Sri Sivalal, Proprietor,

Ambady Hotel, South Boat Jetty, Alappuzha (Sri Sivalal,

Mambarambil, District Court Ward, Thathampally P. O.,

Alappuzha) and the workmen of the above referred

establishment represented by the Secretary, Alappuzha

District Shops and Establishment Masdoor Sangh (BMS),

BMS Office, Alappuzha in respect of matters mentioned in

the annexure to this order ;

And whereas, in the opinion of Government it is

necessary to refer the said industrial dispute for

adjudication;

Now, therefore, in exercise of the powers conferred

by section 10(1) (c) of the Industrial Disputes Act of 1947

(Central Act XIV of 1947), the Government hereby direct

that the said industrial dispute be referred for adjudication

to the Labour Court, Kollam.

The Labour Court will pass

the award within a period of three months.

ANNEXURE

Whether the denial of employment to Sri G. Shajimon,

Waiter by the management of Ambady Hotel,

Alappuzha is justifiable ?

If not, what relief he

is entitled to ?

(5)

G . O. (Rt.) No. 1222/2012/LBR.

Thiruvananthapuram, 8th August 2012.

Read:—Letter No. I (1) 12152/12 dated 10-7-2012

from the Labour Commissioner.

Whereas, the Government are of opinion that an

industrial dispute exists between Sri K. P. Muhammad,

Rahmath Traders, Fathima Complex, Iritty, Kannur and

the workman of the above referred eastablishment

Sri K. Abdulla s/o P. Ummer, Keethadath House,

Irikkoor P. O., Kannur in respect of matters mentioned in

the annexure to this order ;

And whereas, in the opinion of Government it is

necessary to refer the said industrial dispute for

adjudication;

Now, therefore, in exercise of the powers conferred

by section 10 (1) (c) of the Industrial Disputes Act of 1947

(Central Act XIV of 1947), the Government hereby direct

that the said industrial dispute be referred for adjudication

to the Labour Court, Kannur.

The Labour Court will pass

the award within a period of three months.

ANNEXURE

Whether the denial of employment to Sri K. Abdulla

by the management of Rahmath Traders, Iritty is

justifiable or not ?

If not, what relief the worker

is entitled to ?

(6)

G . O. (Rt.) No. 1223/2012/LBR.

Thiruvananthapuram, 8th August 2012.

Read:—Letter No. I (1) 15004/2012 dated 16-7-2012

from the Labour Commissioner.

Whereas, the Government are of opinion that an

industrial dispute exists between the General Manager,

Express Publications (Madurai) Ltd., Kaloor, Kochi-17

and the workmen of the above referred establishment

represented by the General Secretary, New Indian Express

Employees Association (Kerala), Regn. No. 07/06/2009,

Narayaneeyam, Statue Junction, Thripunithura in respect

of matters mentioned in the annexure to this order ;

And whereas, in the opinion of Government it is

necessary to refer the said industrial dispute for

adjudication;

Now, therefore, in exercise of the powers conferred

by section 10 (1) (c) of the Industrial Disputes Act of 1947

(Central Act XIV of 1947), the Government hereby direct

that the said industrial dispute be referred for adjudication

to the Labour Court, Ernakulam.

The Labour Court will

pass the award within a period of three months.

ANNEXURE

1. Whether the punishment awarded to 3 workers

namely (1) Sri R. Unnikrishnan, Packer,

(2) Sri K. B. Sasikumar, Packer and

(3) Sri O. B. Ramachandran Nair, Unskilled Baller

by the management of Express Publication

(Madurai) Ltd., is justifiable ?

2. If not what are the reliefs the workers are

entitled to ?

(7)

G . O. (Rt.) No. 1224/2012/LBR.

Thiruvananthapuram, 8th August 2012.

Read:—Letter No. I (3) 7783/2012 dated 20-7-2012

from the Labour Commissioner.

Whereas, the Government are of opinion that an

industrial dispute exists between The Managing Director,

Kerala State Cashew Development Corporation, Mundakkal,

Kollam and the workman of the above referred

establishment Smt. Aliyamma, Eshomangalam, Inchakkad,

Mailom P. O., Kottarakkara in respect of matters mentioned

in the annexure to this order ;

And whereas, in the opinion of Government it is

necessary to refer the said industrial dispute for

adjudication;

Now, therefore, in exercise of the powers conferred by

section 10 (1) (c) of the Industrial Disputes Act of 1947

(Central Act XIV of 1947), the Government hereby direct

that the said industrial dispute be referred for adjudication

to the Labour Court, Kollam.

The Labour Court will pass

the award within a period of three months.

ANNEXURE

Whether the denial of employment to Smt. Aliyamma,

Clerk by the management of KSCDC is

justifiable ?

If not, what are the reliefs entitled to

her ?

(8)

G . O. (Rt.) No. 1225/2012/LBR.

Thiruvananthapuram, 8th August 2012.

Read:—Letter No. I(5)15705/2012 dated 13-7-2012

from the Labour Commissioner.

Whereas, the Government are of opinion that an

industrial dispute exists between (1) The Managing Director,

Tropical Plantation Ltd., Kottayam-1, (2) The Manager,

Tropical Plantation Ltd., Periyar Connemara Estate,

P. B. No. 15, Vandiperiyar-685 533 and the workmen of the

above referred establishment represented by the Secretary,

Idukki District Estate Masdoor Sangh (BMS),

Vandiperiyar-685 533 in respect of matters mentioned in the

annexure to this order ;

And whereas, in the opinion of Government it is

necessary to refer the said industrial dispute for

adjudication;

Now, therefore, in exercise of the powers conferred by

section 10(1) (d) of the Industrial Disputes Act of 1947

(Central Act XIV of 1947), the Government hereby direct

that the said industrial dispute be referred for adjudication

to the Industrial Tribunal, Idukki (Peermade). The

Industrial Tribunal will pass the award within a period of

three months.

ANNEXURE

1. Whether the dismissal of C. R. No. 5264

Jayalakshmi and C. R. No. 5033 Ayyappan,

workers of Periyar Connemara Estate,

Vandiperiyar by the management of the Estate is

justifiable ?

2. If not, what reliefs the workmen are entitled to ?

By order of the Governor,

T. R. SOMASUNDARAN,

Under Secretary to Government.