A.T.THOMAS Vs. STATE OF KERALA

JUDGEMENT

(1.) W.P.(C) No.19420/2019 was filed by the employees working in Fellowship Mission Hospital, Kumbanad, Thiruvalla under the Marthoma Medical Mission. They approached this Court alleging there was a considerable delay on the part of the District Labour Officer in taking up their grievances on the alleged termination. They seek a follow up action on the complaint raised by them regarding termination.

(2.) W.P.(C) No.3643/2020 is filed by the establishment, namely, the Fellowship Mission Hospital along with administrator and secretary challenging an order passed by the District Labour Officer, Pathanamthitta. By the said order, the transfer of A.T.Thomas, the first petitioner in W.P.(C) No.19420/2019 has been cancelled and he has been ordered to be reinstated as the head of the Pharmacy store. A.T.Thomas had already approached this Court in W.P.(C) No.34884/2019. In fact, this Court disposed the said writ petition at the admission stage directing the District Labour Officer to consider the grievances raised by A.T.Thomas, the complainant before the District Labour Officer. This Court had not adjudicated any dispute. In such circumstances, the District Labour Officer has to exercise his power under the relevant provisions of law to take up the complaint and proceed with the same. The District Labour Officer has no power to cancel any decision taken by the Management and to order reinstatement of such person to its original status. This is apparently done without any power. If there is any dispute exists and there is any failure of conciliation, the District Labour Officer is duty bound to refer the same to the Government. The Government, thereafter, on being satisfied that there exists a dispute, has necessary power to refer the dispute to the competent Labour Court for adjudication. In such circumstances, I must say that Ext.P10 order passed by the District Labour Officer is without any jurisdiction. Accordingly, it is set aside.

(3.) In regard to W.P.(C) No.19420/2019, the learned counsel for the Management submitted that there exists no dispute now inasmuch as all notices have been withdrawn and therefore, there is no room for any complaint. On the other hand, the learned counsel for the petitioners in W.P.(C) No.19420/2019, Sri.Philip Mathew submitted that there exists a dispute and the first petitioner, A.T.Thomas was not allowed to work. It is also submitted that he was not put in charge of the head of the pharmacy. It is further submitted that there are many grievances exists between the workers and the management.