FACT EMPLOYEES ASSOCIATION Vs. FACT LTD

JUDGEMENT

(1.) Petitioner is a registered trade union. It espouses the cause of one of its members, namely Sri. T. V. Easo. Sri. Easo was recruited by Fertilisers and Chemicals Travancore Limited, first respondent, which has its head office at Udyogamandal. He was working as Projector Operator. He was posted at the Regional Office of the first respondent at Hyderabad. On account of misconduct, he was charge sheeted and subsequently dismissed from service. Petitioner union raised an industrial dispute. The third respondent, State of Kerala, referred the dispute for adjudication by the second respondent, the Labour Court, Ernakulam. Before the Labour Court, first respondent raised a preliminary objection to the effect that the reference made by the Government of Kerala is incompetent and without jurisdiction, in as much as Sri. Easo was dismissed when he was working at Hyderabad and that the appropriate Government having jurisdiction unsettle the dispute is the Government of Andhra Pradesh. Second respondent accepted this objection and held that the reference is invalid and it has no jurisdiction to decide the dispute. This order is under challenge.

(2.) Facts that Sri. Easo was attached to the Regional Office of the first respondent at Hyderabad, that disciplinary proceedings were initiated against him while he was working at Hyderabad and that the order of dismissal was served on him at Hyderabad are not in dispute. On these facts can it be considered that the Government of Kerala is the appropriate Government to refer the dispute for adjudication

(3.) The learned counsel representing the petitioner would contend that first respondent having its Head Office within the State of Kerala appointed Sri. Easo) in its service. In the exigencies of service, he was posted at the Regional Office at Hyderabad, While he was working at Hyderabad, he was charge sheeted on the allegation of having committed misconduct. Eventhough enquiry into that misconduct was held at Hyderabad, the order of dismissal was issued from the Head Office at Udyogamandal, within the State of Kerala. So, the State of Kerala is the appropriate Government to refer the dispute for adjudication by the second respondent.