Companies must be party to industrial dispute adjudications, not just individual directors.

JUDGMENT

The petitioner is a workman who raised an industrial dispute regarding his employment with the 2^nd respondent company. While referring the dispute for adjudication to the Labour Court, Kannur, under Section 10 (1)(c) of the Industrial Disputes Act , 1947, the Government made the Chairman and other Directors of the company parties to the dispute without impleading the company itself.

2. The learned counsel appearing for the petitioner submits that an almost identical issue was considered by this Court in Ext.P12 judgment in W.P.(C)No. 34800 of 2025, wherein this Court found that, in a dispute between a workman and the company, the company has to be made a party to the proceedings and not the Directors.

3. Heard the learned Government Pleader appearing for respondents 1 and 7, and the learned counsel appearing for respondents 2 to 5.

4. Having heard the learned counsel appearing for the petitioner, the learned Government Pleader, and the learned counsel appearing for respondents 2 to 5, and having perused Ext.P12 judgment of this Court, I am of the view that this writ petition can be allowed.

5. Accordingly, this writ petition is allowed. Ext.P5 order of reference is set aside. The competent authority shall pass a fresh order of reference referring the dispute between the petitioner and the Dhanalakshmi Hospitals Pvt. Ltd. for adjudication by the Labour Court, Kannur. The needful shall be done within a period of one month from the date of receipt of a certified copy of this judgment.

The writ petition is ordered accordingly.

Sd/-