AZHEEKAL FISHING HARBOUR AND GENERAL WORKERS OF FISH LANDING CENTRE AYIRAMTHENGU ALUMPEEDIKA Vs. HARBOUR COMMITTEE FOR MONITORING THE WORKING OF KAYAMKULAM FISHING HARBOUR REPRESENTED BY THE CHAIRMAN THE DISTRICT COLLECTOR KOLLAM

JUDGEMENT

(1.) THE petitioners in this writ petition are trade unions representing head load workers who were formerly doing loading and unloading works at Ayiramthengu Fish Landing Centre and adjoining areas. After the Kayamkulam Fishing Harbour at Azheekkal was commissioned and it became fully operational, disputes arose between various sections of workers regarding allocation of work.

(2.) THAT led to conciliation talks being held by the Revenue Divisional Officer, Kollam which culminated in Ext.P2 minutes dated 9.2.2011. The petitioners and others thereupon filed WP(C) Nos.33621 of 2010, 3678, 6708 & 7242 of 2011 in this Court challenging the said decision. By Ext.P3 judgment delivered on 22.8.2011 this Court disposed of the said writ petition with the following directions.

(3.) WHEN this writ petition came up for hearing today, the learned Government Pleader appearing for official respondents and Sri.Siju Kamalasan, learned counsel appearing for respondents 8 and 10 submitted that challenging Exts.P4 and P5 orders, the office bearers of some other trade unions have filed an appeal before the Regional Joint Labour Commissioner, Kollam and that the said appeal is pending. A copy of the memorandum of appeal was also made available to me for perusal. The memorandum of appeal discloses that the General Secretary of Kayamkulam Fishing Harbour Workers Federation (AITUC), Azheekkal, the President of Alappad Grama Panchayath Harbour Workers Union (UTUC), Azheekkal, and the President of the Kollam Jilla Port Mazdur Sangham (BMS) have filed an appeal challenging Exts.P4 and P5 orders passed by the District Labour Officer, Kollam. Petitioners 1 and 3 are parties to the said appeal. In such circumstances I am of the opinion that the petitioners and party respondents who are not parties to the appeal should get themselves impleaded in the said appeal and put forward their contentions before the appellate authority. I am also of the opinion that if any of the parties to the writ petition are aggrieved by Ext.P4 and P5 orders they should also file appeals before the appellate authority. Notwithstanding the fact that the period of limitation prescribed for filing an appeal has expired, in the event of the petitioners filing an appeal before the Regional Joint Labour Commissioner, within two weeks from today the Regional Joint Labour Commissioner, Kollam should entertain the appeal, issue notice to all the parties who are interested and afford them an opportunity of being heard and dispose of the appeal along with the appeal already pending before him.