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Kerala Gazette · Government of Kerala

Industrial disputes referred for adjudication

Published 17 November 2020

Department
Labour and Skills (A) Department
Part
PART - I Notification and Orders issued by the Government
Identifier
in.gazette.kerala_new.2020-11-17.part_1_labour-and-skills
Languages
English, Malayalam
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© കേരള സർക്കാർ

Government of Kerala

2020

Regn. No. KERBIL/2012/45073 dated 5-9-2012 with RNI

Reg. No. KL/TV(N)/634/2018-20

കേരള ഗസററ്

KERALA GAZETTE

ആധികാരികമായി പ്രസിദ്ധപ്പെടുത്തുന്നത്

PUBLISHED BY AUTHORITY

നമ്പർ

വാല്യം 9

തിരുവനന്തപുരം,

ചൊവ്വ

Thiruvananthapuram, Vol. IX

}

Tuesday

No. } 45 2020 നവംബർ 17 17th November 2020 1196 വൃ›ികം 2 2nd Vrischikam 1196 1942 കാർത്തികം 26 26th Karthika 1942

PART I

Notifications and Orders issued by the Government

Labour and Skills Department

Labour and Skills (A)

ORDER

G. O. (Rt.) No. 992/2020/LBR.

Thiruvananthapuram, 1st October 2020.

Sub:—Labour and Skills Department—Industrial Dispute between the manangement of Kerala State Road Transport Corporation and Empanelled workers in the Kerala State Road Transport Corporation— reffered for adjudication—judgment dated 15-6-2020 in WP(C) 11711/2020 complied with—Orders issued.

Read:—(1) Judgment dated 15-6-2020 in WP(C) No. 11711/2020 filed by KSRTC Workers Federation.

(2) Representation dated 17-6-2020 from S. Seethilal, President, KSRTC Workers Federation.

(3) Letter No. I.R. (4) 18271/2018 dated 28-9-2020 from the Labour Commisssioner.

The Hon'ble High Court as per judgment dated 15-6-2020 in WP(C)11711/2020, directed the 2nd respondent viz Secretary, Labour Department, Govt. of Kerala to take a decision on Ext P9 representation dated 19-3-2020 if received in the office and if otherwise the petitioner to file another copy, in accordance with law by affording an opportunity of hearing to the representative of the petitioner and take a call within a period of three months thereafter. Accordingly the petitioners submitted Ext P9 representation. Judgment of Hon'ble High Court was received from the petitioner on 30-6-2020.

The request in the Ext P9 represemarion is to refer the dispute raised by the petitioners on behalf of the workers to Labour Court/Industrial Tribunal. In compliance of the direction of the Honb'le High Court in judgment dated 15-6-2020 in WP(C)11711/2020, soon on receipt of Ext P9 representation, Labour Commissioner was asked to furnish a report regarding the compliance of the Judgement. Further procedures regarding the compliance of judgement could not be completed in time due to various reasons such as restrictions and lock down due to COVID pandemic.

Gaz. No. 45/2020/DTP (Part I). 7 17th NOV. 2020] KERALA GAZETTE 116

A hearing as ordered by the Hon'ble Court was conducted by the Government on 8-9-2020. Representative of petitioners and Labour Commissioner were attended.

Labour Commissioner informed that in the meeting

ORDERS

(1)

G. O. (Rt.) No. 949/2020/LBR.

Thiruvananthapuram, 25th September 2020.

conducted by him, only the representative of Federation was participated. In the hearing held on 8-9-2020, the Labour Commissioner had been directed to conduct a conciliation meeting with both the parties and directed to furnish the reconciliation report within a week which is a requisite for referring the case for adjudication, as per the Industrial Disputes Act of 1947. Labour Commissioner submitted the reconciliation report as per reference 3rd cited.

Govt. have examined case in detail and found that as per the report submitted vide reference 3rd above, the industrial dispute existed between the Chairman and Managing Director, Transport Bhavan, Fort, Thiruvananthapuram and the workers of the above referred establishment represented by President, KSRTC Workers Federation, is liable for adjudication to the Industrial Tribunal, Thiruvananthapuram. Ext P9 representation submitted by the President, KSRTC Workers Federation, is disposed of accordingly.

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 between the Chairman and Managing Director, Transport Bhavan, Fort, Thiruvananthapuram and the workers of the above referred establishment represented by President, KSRTC Workers Federation, Regi No. 71/283 Nandancode P. O., Whereas, the Government are of opinion that an industrial dispute exists between the Manager, M/s. Harisons Malayalam Limited, Arappetta Estate, Meppadi P.O. and the workman of the above referred establishment Sri A. R. Davood s/o Abubaker, Ravunyapuram Veedu, Thinapuram, Meppadi P. O. 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 dismissal of Sri A. R. Davood, worker of Harisons Malayalam Limited, Arapetta Estate from service by the management of Harisons Malayalam Ltd., Arapetta Estate, Meppadi P. O. is justifiable? If not what relief he is entitled to get?"

(2)

G. O. (Rt.) No. 958/2020/LBR.

Thiruvananthapuram, 28th September 2020.

Thiruvananthapuram be referred for adjudication to the Industrial Tribunal, Thiruvananthapuram. The Industrial Tribunal will pass the award within a period or three months.

Accordingly the judgment dated 15-6-2020 in WP(C)11711/2020. The Hon'ble High Court is complied with.

ANNEXURE

"Whether the retrenchment of empanel workers in the Kerala State Road Transport Corporation, by its management is justifiable or not? If not what are the reliefs they are entitled to?"

By order of the Governor,

SATYAJEET RAJAN, Whereas, the Government are of opinion that an industrial dispute exists between the Managing Director, K.S.E. Limitted, Kinfra Unit, Kinfra Park, Nalukettu Road, Koratty, Thrissur-680 309 and the workmen of the above referred establishment represented by the President, K.S.E. Employees Union, Kinfra Unit, Kinfra Park, Nalukettu Road, Koratty, Thrissur-680 309 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;

Additional Chief Secretary.

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, Thrissur. The Industrial Tribunal will pass the award within a period of three months.

8 17th NOV. 2020] KERALA GAZETTE 117

ANNEXURE

"Whether the demand of the union that the employees of Kerala Solvant Extractions Ltd., Kinfra Park Unit, Koratty, Thrissur is eligble for equal benefits that are availed by the employees of Kerala Solvant Extractions Ltd., Irinjalakuda is justifiable or not? If not what are the benefits they are entitled to get?"

(4)

G. O. (Rt.) No. 985/2020/LBR.

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

Thiruvananthapuram, 1st October 2020.

Whereas, the Government are of opinion that an industrial dispute exists between Sri Hassan, P. K., Owner, Life Style ready made shop, Naranipuzha Road, Changaramkulam, Nannamukku P. O.-679 575 and the worker of the above referred establishment Smt. Bushra, Chalipparambil House, Pathavoor, Alamcode P. O., Malappuram-679 585 in respect of matters mentioned in the annexure to this order;

And whereas, in the opinion of Government it is "Whether the denial of employment to Sri Rajagopalan, Pump Operator, Pattambi Municipality by the Management represented by the Chairman Pattambi Municipality and the Secretary, Pattambi Municipality is justifiable? If not what relief he is entitled to?"

(6)

G. O. (Rt.) No. 990/2020/LBR.

Thiruvananthapuram, Ist October 2020.

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 denial of employment of Smt. Bushra.

Sales girl, on 10-9-2019 by the employer of Life Style ready made shop, Naranipuzha Road, Changaramkulam, Nannamukku (P. O.) is justifiable? If not what relief she is entitled to?"

(5)

G. O. (Rt.) No. 989/2020/LBR.

Whereas, the Government are of opinion that an industrial dispute exists between (1) the President, Sri Karumakankavu Temple, Thampi Road, Beypore-P.O., Kozhikode-5 (2) the Secretary, Sri Karumakankavu Temple, Thampi Road, Beypore-P.O., Kozhikode-5 and the worker of the above referred establishment Smt. Kunjulakshmi, M., W/o Late Balakrishnan, Thampi Road, Beypore-P. O., Kozhikode-5 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.

Thiruvananthapuram, 1st October 2020.

Whereas, the Government are of opinion that an industrial dispute exists between (1) the Chairman, Pattambi Municipality, Pattambi (2) the Secretary, Pattambi Municipality, Pattambi and the workman of the above referred establishment Sri Rajagopalan, Chembadathil (House), Kavullithodi, College Street, Melepattambi-P. O., Pin-679 306 in respect of matters mentioned in the annexure to this order;

ANNEXURE

"Whether the denial of employment to Smt. Kunjulakshmi, M., Adichuthalikari by the Temple Administrative Committee, Sri Karumakankavu Temple, Thampi Road, Beypore is justifiable ? If not what relief she is entitled to''9 17th NOV. 2020] KERALA GAZETTE 118 (7)

G. O. (Rt.) No. 991/2020/LBR.

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 Thiruvananthapuram, 1st October 2020.

Whereas, the Government are of opinion that an industrial dispute exists between (1) the Managing Director, Daya General Hospital, Shornur Road, Thiruvampadi P. O., Thrissur-680 022 (2) the Managing Director, C. P. Manpower & Cleaning Contractors (P) Ltd., C/o Daya General Hospital, Thrissur-680 022 and the workmen of the above referred establishment Smt. Kamalam W/o Sankarankutty, Inivalappil, Athani P. O., Thrissur 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;

to the Labour Court, Kozhikode. The Labour Court will pass the award within a period of three months.

ANNEXURE

"Whether the Retrenchment to Sri Sundaran, T. P., S/o. Kolavan, by the employer of Royal Tyres, Kuttippurarn Road, Edappal, Malappuram district is justifiable? If not, what relief he is entitled to?"

(9)

G. O. (Rt.) No. 1062/2020/LBR.

Thiruvananthapuram, 19th October 2020.

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 Thrissur. The Industrial Tribunal will pass the award within a period of three months.

ANNEXURE

"Whether the termination of employment to Smt. Kamalam, Cleaning worker, by the management of Daya General Hospital, Shornur Road, Thiruvampadi (P. O.), Thrissur is justifiable or not ? if not what relief she is entitled to get ?"

(8)

G. O. (Rt.) No. 1031/2020/LBR.

Whereas, the Government are of opinion that an industrial dispute exists between the Secretary, Thrikkarippur Weavers Co-operative Society Limited, Elampachi-671 311, Elambachi (Post), Kasaragod and the workman of the above referred establishment Sri Ashokan, P., "Archana", Near Pappinisseri Grama Panchayath, Pappinisseri (Post), Kannur-670 561 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

Thiruvananthapuram, 13th October 2020.

Whereas, the Government are of opinion that an industrial dispute exists between Sri Murali, Proprietor, Royal Tyres, Kuttippuram Road, Edappal and the workman of the above referred establishment Sri Sundaran, T. P., S/o Kolavan, Trikkapparambhil, Naripparambhu P. O., Malappuram in respect of matters mentioned in the annexure to this order;

"Whether the dismissal from service of Sri Ashokan, Weaving Master, by the Secretary, Thrikkarippur Weavers Co-operative (P & S) Society Limited, NOHL IND(L), 36, Elambachi (P. O.), Kasaragod is justifiable or not? If not what are the reliefs he is entitled to ?"

By order of the Governor,

SHIBU, R.,

Under Secretary.

And whereas, in the opinion of Government it is necessary to refer the said industrial dispute for adjudication;

10
Cite this issue. Kerala Gazette, Government of Kerala, 17 November 2020. Indian Gazettes, https://egazette.servantsofknowledge.in/details/in.gazette.kerala_new.2020-11-17.part_1_labour-and-skills/. Archive identifier in.gazette.kerala_new.2020-11-17.part_1_labour-and-skills.