High Court Kerala High Court

The Travancore Cements Workers … vs The Travancore Cements Nattakam on 9 February, 2009

Kerala High Court
The Travancore Cements Workers … vs The Travancore Cements Nattakam on 9 February, 2009
       

  

  

 
 
  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.