IN THE HIGH COURT OF KERALA AT ERNAKULAM
WA.No. 2087 of 2007()
1. THE TRAVANCORE CEMENTS WORKERS ASSN.
... Petitioner
Vs
1. THE TRAVANCORE CEMENTS NATTAKAM
... Respondent
For Petitioner :SRI.P.C.IYPE
For Respondent :SRI.K.ANAND (A.201)
The Hon'ble the Acting Chief Justice MR.J.B.KOSHY
The Hon'ble MR. Justice P.BHAVADASAN
Dated :09/02/2009
O R D E R
J.B. KOSHY, Ag. CJ. & P. BHAVADASAN, J.
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WRIT APPEAL No. 2087 of 2007
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Dated this the 9th day of February, 2009.
JUDGMENT
KOSHY, Ag.CJ,
Petitioner is a trade union functioning in the first
respondent Company. A referendum was conducted in the first
respondent Company for recognition of the union. For the purpose of
the recognition of a union, the union must have obtained minimum
15% votes out of the total roll strength. Ext.P1 is the notification to
conduct the referendum. Clause 2 of the notification reads as follows:
“2. All permanent employees on the rolls of the company
except pre-probationers, those on long leave and
deputation on 1.4.2007 shall be eligible to be included in
the electoral roll.”
Objections to the draft rules ought to have been filed on 26.3.2007.
Final electoral roll has to be published on 28.3.2007. The date of
polling was on 19.4.2007. After finalisation of electoral roll, if a voter
has become ineligible to vote, he has to be removed under Clause 24 of
Ext.P1. Clause 24 reads as follows:
“24. After finalisation of electoral roll and before the date
of polling, if any voter becomes ineligible to vote due to
WA.2087/2007. 2
death, resignation or termination of employment on any
account, such names shall be removed from the electoral roll
and the Returning Officer shall publish the names of such
removed persons on the date of poll.”
At the time of publication of the voters’ list, the number of employees was
512, and their names were published. But the contention of the petitioner
was that after the time for filing objection and after the publication of the
final list three persons became ineligible. One Mr.S.Harikumar resigned
from service with effect from 4.4.2007. Two employees, namely, Mr.Shaju
Thomas and Mr.K.K.John took long leave for two years. Mr.K.K.John took
leave with effect from 1.4.2007 and Mr.Shaju Thomas with effect from
1.2.2007. The names of those persons were included in the list. The
contention of the Management is that even though resignation was
submitted and leave applications were submitted with regard to those three
employees, it was finally approved by the Board after the election and that
is the reason for not removing their names from the list. But the fact is that
they were not attending the office from the dates mentioned. There is no
disputed fact here. If those three names were removed, the petitioner also
will get the required number on the basis of Ext.P3. It is true that the
validity period of the recognition is also going to be over. At this distance
WA.2087/2007. 3
of time, since the facts are not disputed, it is not necessary to drag the
petitioner to an industrial dispute.
2. On the basis of these admitted facts, we are of the opinion
that the Travancore Cements Workers’ Association also should be
recognised. But we make it clear that the agreements entered into before
this date will be valid and those agreements cannot be challenged. The
recognition will have prospective effect till next referendum is conducted.
The Writ Appeal is disposed of with the above direction.
J.B. KOSHY,
ACTING CHIEF JUSTICE
P. BHAVADASAN,
JUDGE
sb.