[OP(LC) Nos.4487/2012, 4549/2012, 4548/2013, 4560/2013]

It is well-settled and without dispute that a learned Division Bench of this Court in The Chelamattom Sree Krishna Swami Devaswom Trust v. State of Kerala and Others [2022 (4) KHC 215]

has already declared unambiguously that a preliminary Award by the Labour Court under the Industrial Disputes Act cannot be challenged before this Court under Article 226 of the Constitution of India. The forensic scheme, as so declared, leaves open all contentions of the parties to be impelled at the time when the final Award is issued; and viewed from that angle, there cannot be any prejudice caused to the petitioners either.

In the afore circumstances, following Chelamattom Sree Krishna Swami Devaswom Trust (supra), I dismiss these Original Petitions; however, leaving open all contentions, including the ones impelled herein to be pursued by the petitioner, if it becomes so necessary or when the final Award is issued.

That said, as regards OP(LC)Nos.4487/2012 & 4549/2012 are concerned, the issues in them have been covered by the holdings of a learned Judge of this Court in WP(C)No.32291/2014. Since there is no contest regarding this either, these Original Petitions will also stand dismissed; however, with every liberty being reserved to the petitioners as per the Statutory Scheme.

Sd/-

RR DEVAN RAMACHANDRAN JUDGE APPENDIX OF OP(LC) 4548/2013 PETITIONER EXHIBITS EXHIBIT P1 COPY OF MEMO DATED 23/6/2008 EXHIBIT P2 COPY OF CHARGE MEMO DATED 22/8/2008 EXHIBIT P3 COPY OF EXPLANATION DATED 25/6/2008 EXHIBIT P4 COPY OF SUSPENSION ORDER DATED 28/7/2008 EXHIBIT P5 COPY OF DOMESTIC ENQUIRY NOTICE DATED 1/10/2008 EXHIBIT P6 COPY OF REPLY DATED NIL GIVEN BY THE RESPONDENT EXHIBIT P7 COPY OF NOTICE DATED 27/9/2008 GIVEN BY PETITIONER EXHIBIT P8 COPY OF PROCEEDINGS OF THE ENQUIRY DATED 15/10/08 EXHIBIT P9 COPY OF NOTICE DATED 16/10/2008 ISSUE BY THE ENQUIRY OFFICER EXHIBIT P10 COPY OF REPLY DATED 24/10/2008 GIVEN BY THE RESPONDENT EXHIBIT P11 COPY OF PROCEEDINGS OF THE ENQUIRY OFFICER DATED 31/10/2008 EXHIBIT P12 COPY OF ENQUIRY OFFICER REPORT DATED 10/11/08 EXHIBIT P13 COPY OF DISMISSAL ORDER NO.218/332/08 DATED 5/12/2008 EXHIBIT P14 COPY OF CLAIM STATEMENT IN ID 17/2012 EXHIBIT P15 COPY OF WRITTEN STATEMENT IN ID 17/2012 EXHIBIT P16 COPY OF PRELIMINARY ORDER DATED 31/7/2013 IN ID NO.17/2012 APPENDIX OF OP(LC) 4560/2013 PETITIONER EXHIBITS EXHIBIT P1 A TRUE COPY OF MEMO DATED 23-

06-2008 EXHIBIT P2 A TRUE COPY OF CHARGE MEMO DATED 22-08-2008 EXHIBIT P3 A TRUE COPY OF EXPLANATION DATED 26-06-2008 EXHIBIT P4 A TRUE COPY OF SUSPENSION ORDER DATED 28-07-2008 EXHIBIT P5 A TRUE COPY OF DOMESTIC ENQUIRY NOTICE DTD 01-10-2008 EXHIBIT P6 TRUE COPY OF REPLY DATED NIL GIVEN BY THE RESPONDENT EXHIBIT P7 A TRUE COPY OF NOTICE DTD 27-

09-2008 GIVEN BY PETITIONER EXHIBIT P8 A TRUE COPY OF NOTICE DATED 16-10-2008 ISSUED BY THE ENQUIRY OFFICER EXHIBIT P10 A TRUE COPY OF REPLY DATED 24-10-2008 GIVEN BY THE RESPONDENT EXHIBIT P11 A TRUE COPY OF PROCEDINGS OF THE ENQUIRY OFFICER DATED 31-10-2008 EXHIBIT P12 A TRUE COPY OF ENQUIRY OFFICER REPORT DTD 10-11-2008 EXHIBIT P13 A TRUE COPY OF DISMISSAL ORDER NO 218/332/08 DATED 5-12-2008 EXHIBIT P14 A TRUE COPY OF CLAIM STATEMENT IN I.D 17 OF 2012 EXHIBIT P15 A TRUE COPY OF WRITTEN STATMENT IN I.D 17 OF 2012 EXHIBIT P16 A TRUE COPY OF PRELIMINARY ORDER DATED 31-07-2013 IN I.D NO 17 OF 2012 APPENDIX OF OP(LC) 4487 /201 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF CP NO.49 OF 2008 DATED 20.09.08 WITHOUT ANNEXURE EXHIBIT P2TRUE COPY OF OBJECTION FILED BY PETITIONER EXHIBIT P3TRUE COPY OF REPLICATION DATED 23.11.2009 EXHIBIT P4 TRUE COPY OF ORDER DATED 13.6.05 IN CP NO.65/01 EXHIBIT P5 TRUE COPY OF CLAIM PETITION NO.65 OF 2001 WITHOUT ANNEXURE EXHIBIT P6 TRUE COPY OF COUNTER STATEMENT IN CP NO.65/01 EXHIBIT P7