ABRAHAM THOMAS Vs. PRESIDING OFFICER LABOUR COURT

JUDGEMENT

(1.) Petitioner has challenged the preliminary finding of the Labour Court in I.D. No. 118/95.

(2.) The facts relating to the filing of the O.P. are as follows: Seven managements of plantation estates denied employment to 22 persons. The Government of Kerala referred the said dispute for adjudication before Labour Court. The petitioner management raised preliminary objection stating that the Labour Court has no jurisdiction to adjudicate the dispute referred. The said preliminary issue was decided overruling the objection of the management holding that the subject matter can be adjudicated by the Labour Court and the Government had the competency to refer the matter under ID Act. The said finding is under challenge.

(3.) Learned counsel for the petitioner submits that the dispute can only be an "agricultural dispute" under the Kerala Agricultural Workers Act, 1974. He also contended that plantations owned by the owners will not be an industry under ID Act, but is only an agricultural land and the workers are agricultural workers. Agriculture has been left to the exclusive jurisdiction of the State Legislatures and there is a clear distinction between the agriculture on the one hand and the industry on the other. Learned counsel also submitted that under Art.254(2) of the Constitution of India State Law will prevail in reference to the concurrent matter if it is assented to by the President. He further submitted that in the light of S.41 of the Kerala Agricultural Workers Act, the same will prevail over the provisions of the ID Act.