Kerala High Court
Cochin International Airport Mazdoor ... vs Regional Joint Labour Commissioner on 14 August, 2023
Author: Murali Purushothaman
Bench: Murali Purushothaman
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
MONDAY, THE 14TH DAY OF AUGUST 2023 / 23RD SRAVANA, 1945
WP(C) NO. 7421 OF 2023
PETITIONER:
COCHIN INTERNATIONAL AIRPORT MAZDOOR SANGH,
BMS OFFICE, ADAM BAZAR COMPLEX, ANGAMALY,
ERNAKULAM- 683572,
REPRESENTED BY ITS GENERAL SECRETARY
M.P. PRADEEP KUMAR
BY ADVS.
T.C.KRISHNA
P.RAMAKRISHNAN
PREETHI RAMAKRISHNAN (P-212)
C.ANIL KUMAR
ASHA K.SHENOY
PRATAP ABRAHAM VARGHESE
GOKUL KRISHNA
RESPONDENTS:
1 REGIONAL JOINT LABOUR COMMISSIONER,
OFFICE OF THE REGIONAL JOINT LABOUR COMMISSIONER,
CIVIL STATION, KAKKANAD, ERNAKULAM-682030.
2 COCHIN INTERNATIONAL AIRPORT LIMITED,
NEDUMBASSERY PO, ALUVA,
ERNAKULAM- 683111
REPRESENTED BY ITS MANAGING DIRECTOR.
*3 COCHIN INTERNATIONAL AIRPORT STAFF FEDERATION (CITU)
REPRESENTED BY ITS GENERAL SECRETARY
SATHISH KUMAR P A , AGED 55 YEARS
KEERTHANAM, AKAPPARAMBU,
VAPPALASSERY P.O NEDUMBASSERY
ERNAKULAM - 683 572
(*IS IMPLEADED AS THE ADDITIONAL RESPONDENT NO: 3 AS
PER ORDER DATED 24-05-2023 IN I.A. 1/2023 IN WP(C)
7421/2023)
BY ADVS.
SRI.BENNY P.THOMAS, SC, BPCL
K.S.ARUN KUMAR
ELDHO BABY
WP(C) NO. 7421 OF 2023 : 2 :
VIJAY SANKAR V.H.
JERIN JOSEPH
D.PREM KAMATH
TOM THOMAS (KAKKUZHIYIL)
ABEL TOM BENNY
K.S.MUHAMMED SHEFIN
BHARATH NAIR
PRAISY THOMAS
R BY GP ADV.PARVATHY
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 14.08.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 7421 OF 2023 : 3 :
JUDGMENT
The petitioner, a registered trade union, had submitted Ext.P2 application before the 1 st respondent for certification of recognition, as envisaged under Rule 5 of the Kerala Recognition Trade Unions Rules, 2011 (hereinafter referred to as 'the Rules' for short). The grievance of the petitioner is that Ext.P2 application is not yet processed by the 1st respondent. Accordingly, the petitioner has filed this writ petition for the following reliefs:
"(a) A writ of mandamus or any other appropriate writ or order directing the respondents to conduct a referendum on the basis of Exhibit P-2 application submitted by the petitioner.
(b) A writ of mandamus or any other appropriate writ or order directing the 2nd respondent not to enter into any settlement without holding a referendum;
(c) Issue such other writ, order or direction WP(C) NO. 7421 OF 2023 : 4 : as are deemed just and proper on the facts and circumstances of the case."
2. During the pendency of this writ petition, Ext.P2 application was returned by the 1 st respondent on the ground that the details of other registered trade union, as required in column No.6 of the application is incomplete.
3. The 2nd respondent has filed a counter affidavit. In paragraph '12' of the said affidavit and in Ext.R2(a) produced along with the same, the 2 nd respondent has furnished the necessary details enabling the petitioner to cure the defects pointed out in Ext.P2 application.
4. It is submitted by the learned counsel for the petitioner that on the basis of the details furnished by the 2nd respondent, Ext.P2 application was re-presented before the 1st respondent on 11.08.2023. In the light of the said submission, this writ petition is disposed of with a direction to the 1 st respondent to consider and pass appropriate orders on Ext.P2 WP(C) NO. 7421 OF 2023 : 5 : application submitted by the petitioner, in accordance with the Rules, at any rate, within a period of three months from the date of receipt of a copy of this judgment.
The writ petition is disposed of.
Sd/-
MURALI PURUSHOTHAMAN JUDGE SB WP(C) NO. 7421 OF 2023 : 6 : APPENDIX PETITIONER EXHIBITS Exhibit P-1 TRUE COPY OF THE LETTER DATED 11/4/2002 ISSUED BY THE 2ND RESPONDENT MANAGEMENT IN CONNECTION WITH HOLDING OF REFERENDUM Exhibit P-2 TRUE COPY OF THE APPLICATION DATED 15/12/2022 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT ALONG WITH THE CHALAN RECEIPT Exhibit P-3 TRUE COPY OF THE REPRESENTATION DATED 27/01/2023 SUBMITTED BEFORE THE 1ST RESPONDENT RESPONDENT EXHIBITS EXHIBIT R2(a) TRUE COPY OF THE DETAILS OF THE REFERENDUM CONDUCTED IN THE YEAR 2002 .