IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 30583 of 2009(P)
1. K.P.VISWANATHAN, PRESIDENT,
... Petitioner
2. P.A.THOMAS, GENERAL SECRETARY,
3. K.A. JOSEPH, TREASURER, ALAGAPPA
Vs
1. THE REGISTRAR OF TRADE UNIONS
... Respondent
2. THE LABOUR COMMISSIONER,
3. THE GENERAL MANAGER, ALAGAPPA TEXTILES,
For Petitioner :SRI.GEORGE JACOB (JOSE)
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice S.SIRI JAGAN
Dated :15/12/2009
O R D E R
S.SIRI JAGAN, J.
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W.P.(C).No. 30583 of 2009
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Dated this the 3rd day of December, 2009
J U D G M E N T
The petitioners have been elected as office bearers of the
Alagappa Textiles Workers’ Congress, a union of workers of the 3rd
respondent management. The names of the petitioners have been
forwarded to the 1st respondent-Registrar of Trade Unions under the
Trade Unions Act, for approval. The grievance of the petitioners is that
the 1st respondent is not approving the petitioners as office bearers of
the union and consequently, the 3rd respondent is not permitting the
petitioners to participate in the bilateral discussions between the
management and the unions. The petitioners, therefore, seek the
following reliefs:
“i) to issue a writ in the nature of mandamus or other appropriate writ
or order directing respondents to accept and recognise the
petitioners and others who were elected in the annual general body
meeting of the Trade Union on 2.10.2009 as the elected office-
bearers and to invite them for conciliations, negotiations and
conferences.
ii) to issue a declaration that the petitioners and other office-bearers
elected in the Annual General Body Meeting on 2.10.2009 are
entitled to participate in all conferences, conciliations, negotiations
held by the 3rd respondent.
iii) to issue a writ in the nature of mandamus or other appropriate writ
or order directing respondents 1 and 2 to take up for consideration
Exhibits P7 and P8 petitions and to pass appropriate orders
thereon within a time limit to be stipulated by this Hon’ble Court
for that purpose.”
2. I have heard the learned Government Pleader also.
w.p.c.30583/09 2
3. It appears that by letter No.B(3) 20860 dated 29.9.2009,
the Deputy Registrar of Trade Unions has declared three other persons
as office bearers of the very same trade union and accepted them as
competent to represent the said trade union. The petitioners have filed
Ext.P7 petition in this regard before the 1st respondent. Therefore, it is
only appropriate that the 3rd respondent considers Ext.P7 and takes a
final decision in the mater regarding recognition of the petitioners as
office bearers of the said union, after affording an opportunity of being
heard to the petitioners as well as the three persons shown as
respondents in Ext.P7. This shall be done, as expeditiously as possible,
at any rate, within one month from the date of receipt of a certified
copy of this judgment.
The writ petition is disposed of as above.
Sd/-
sdk+ S.SIRI JAGAN, JUDGE
///True copy///
P.A. to Judge
w.p.c.30583/09 3