IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE FRIDAY, THE 20TH DAY OF DECEMBER 2019 / 29TH AGRAHAYANA, 1941 WP(C).No.32482 OF 2019(I)

PETITIONER/S:

1 SUNIL PETER, AGED 46 YEARS, PARAPARAMPIL, VADAVATHOOR P.O., KOTTAYAM DISTRICT-686 010 (MECHANIC, KSRTC, REGIONAL WORK SHOP, MAVELIKARA).

2 A.S.BOBAN, ANAPUZHA HOUSE, JEEN COTTAGE, VENNALA P.O., KOCHI-682 028. (DRIVER, KSRTC, ERNAKULAM DEPOT).

3 K.C. CHANDRALAL, CHANDRALAYAM, VALAMBOORKARA PATTIMATTOM P.O., ERNAKULAM-683 562 (DRIVER, KSRTC, ERNAKULAM DEPOT).

4 M.M.MUHAMMED, MOLADAN HOSUE, NEDUNGAPRA P.O., ERNAKULAM-683 545 (DRIVER, KSRTC, ERNAKULAM DEPOT).

BY ADV. SRI.N.SASIDHARAN UNNITHAN RESPONDENT/S:

1 KERALA STATE ROAD TRANSPORT CORPORATION REPRESETNED BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN, FORT THIRUVANANTHAPURAM-695 023.

2 EXECUTIVE DIRECTOR (ADMINISTRATION), KSRTC, TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM-695 023.

3 WORKS MANAGER, KSRTC REGIONAL WORK SHOP MAVELIKKARA, ALAPPUZHA DISTRICT-690 101.

4 DISTRICT TRANSPORT OFFICER, KSRTC, ERNAKULAM DEPOT ERNAKULAM-682 012.

BY STANDING COUNSEL, SRI.T P SAJAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

20.12.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

Dated this the 20th day of December 2019 The petitioners are employees of the Kerala State Transport Corporation (KSRTC). According to the petitioner, KSRTC is bound to constitute the Grievance Redressal Committee as contemplated under Section 9C of the Industrial Disputes Act, 1947 (for short, the 'Act').

2. The learned Standing Counsel, on instructions, submitted that no Grievance Redressal Committee has been constituted. It is appropriate to refer to Section 9C of the Act, which reads thus:

9C. Setting up of Grievance Redressal Machinery (1)Every industrial establishment employing twenty or more workmen shall have one or more Grievance Redressal Committee for the resolution of disputes arising out of individual grievances.

(2)The Grievance Redressal Committee shall consist of equal number of members from the employer and the workmen.

(3)The chairperson of the Grievance Redressal Committee shall be selected from the employer and from among the workmen alternatively on rotation basis every year.

(4) The total number of members of the Grievance Redressal Committee shall not exceed more than six:

Provided that there shall be, as far as practicable, one woman member if the Grievance Redressal Committee has two members and in case the number of members are more than two, the number of women members may be increased proportionately.

(5) Notwithstanding anything contained in this section, the setting up of Grievance Redressal Committee shall not affect the right of the workman to raise industrial dispute on the same matter under the provisions of this Act.

(6) The Grievance Redressal Committee may complete its proceedings within thirty days on receipt of a written application by or on behalf of the aggrieved party.

(7) The workman who is aggrieved of the derision of the Grievance Redressal Committee may prefer an appeal to the employer against the decision of Grievance Redressal Committee and the employer shall, within one month from the date of receipt of such appeal, dispose off the same and send a copy of his decision to the workman concerned.

(8) Nothing contained in this section shall apply to the workmen for whom there is an established Grievance Redressal Mechanism in the establishment concerned.

There is no dispute to the fact that Section 9C of the Act is not applicable to the KSRTC. The constitution of Grievance Redressal Committee is statutory and imperative. KSRTC is bound to constitute such Grievance Redressal Committee. There is no exception for KSRTC. In such circumstances, KSRTC is directed to constitute a Grievance Redressal Committee in terms of Section 9C of the Act within a period of two months.

The writ petition is disposed of as above.

Sd/-

A.MUHAMED MUSTAQUE JUDGE ln APPENDIX PETITIONER'S/S EXHIBITS:

EXHI