KOCHI AIRPORT PORTAGE WORKERS UNION Vs. ASSISTANT GENERAL MANAGER AIR CARGO COCHIN INTERNATIONAL AIRPORT LIMITED

JUDGEMENT

(1.) THE writ petition is filed seeking the following reliefs:

(2.) IT is submitted that work of handling cargo at Cochin International Air port was being carried by the 1st petitioner representing workers of old Air Port at Willington Island and the 3rd respondent representing evictees in the ratio of 7:40 fixed as per Ext.P4 order of the Appellate authority under the Kerala Head Load Workers Act.

(3.) IN the circumstance, the first respondent had preferred Ext.P7 complaint before the 2nd respondent Labour Officer. It is said that the complaint is pending consideration before the 2nd respondent. After considering the grievance of the petitioner this Court by interim order dated 6.11.2012 directed the first respondent to engage workers as per Ext.P4 order. Since the matter is under consideration of the 2nd respondent Labour Officer, this Court is not inclined to decide the issue on merits. Petitioner submits that the decision taken by the first respondent to revise the ratio for engagement of the workers for handling cargo is without issuing notice to the petitioners nor taken after hearing the petitioners. It is submitted that unilateral decision taken by the first respondent without perusing the records or discussion on the issue is arbitrary and illegal. In the circumstance, the writ petition is disposed of directing the 2nd respondent to consider and pass appropriate orders on Ext.P7 complaint after affording an opportunity of being heard to the petitioner and the 1st and 3rd respondents within a period of six weeks from the date of receipt of a copy of the judgment. The present arrangement as directed in the interim order dated 6.11.2012 shall be continued till the matter is decided by the Labour Officer.