K.VINOD CHANDRAN, J. - (1.)The petitioner is concerned with Exhibit P3 order passed by the 1st respondent herein. Exhibit P3 is an order passed on an alleged conciliation attempted by the Conciliation Officer, intended at fixing uniform rates for loading and unloading work of gas cylinders within Alappuzha District. The order at Exhibit P3 is said to have been confirmed by the Appellate Authority at Exhibit P5.
(2.)The learned Counsel for the petitioner, the Transporters Association, contends that they are the persons who have to ultimately bear the loading and unloading expenses as per the contract entered into with the Oil Companies. It is also submitted that there was no dispute as such pending and it was not incumbent upon the Assistant Labour Officer [ALO] or the District Labour Officer [DLO] to initiate a conciliation under Chapter VII of the Kerala Headload Workers Act, 1978 [for brevity "Act of 1978"], which relates to settlement of disputes alone. The transporting contractors, who are supplying Liquefied Petroleum Gas [for brevity "LPG"] cylinders to the dealers at their dealerships or godowns, had entered into agreements with the Trade Unions of the particular areas, agreeing on the rates to be paid; which is sought to be upset by an attempt made of unification of the rates, which, according to the petitioner, is not contemplated especially when there is no dispute as such existing in the particular area. On the pretext of unification, the binding settlements have been upset, is the contention raised by the petitioner-Association.
(3.)Though notices were issued to the Unions, none appear; but, however, certain workers got themselves impleaded as additional respondents 6 to 12. The Petroleum Distributors' Association has also got impleaded as additional respondent No.13 and one of the dealers is impleaded as additional respondent No.14. I have heard the learned Counsel appearing for them also.