IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 2ND DAY OF JUNE 2021/12TH JYAISHTA, 1943
WP(C) NO. 10683 OF 2021
PETITIONER:
0
KERALA POWER WORKERS CONGRESS (INTUC),
REG. NO.01-05/2006, K. KARUNAKARAN
SMARAKA INTUC MANDIRAM, T.C.78/1421(4),
PARUTHIKUZHI, MANACADU P.O.,
TRIVANDRUM - 695 009, REPRESENTED BY
ITS SECRETARY PRATHEEP KUMAR.
BY ADVS.
ATHUL SHAJI
SHRI.ANWIN JOHN ANTONY
RESPONDENTS:
1 KERALA STATE ELECTRICITY BOARD LTD.,
REPRESENTED BY ITS SECRETARY,
VIDHUTHI BHAVAN, PATTOM,
THIRUVANANTHAPURAM - 695 004.
2 CHAIRMAN AND MANAGING DIRECTOR,
KERALA STATE ELECTRICITY BOARD LTD.,
VIDHUTHI BHAVAN, PATTOM,
THIRUVANANTHAPURAM - 695 004.
3 STATE OF KERALA REPRESENTED BY
ITS SECRETARY TO GOVERNMENT,
POWER DEPARTMENT,
THIRUVANANTHAPURAM - 695 001.
BY SENIOR GOVERNMENT PLEADER SRI. K.P. HARISH
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 02.06.2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) No.10683/2021
:2 :
JUDGMENT
~~~~~~~~~ Dated this the 2nd day of June, 2021 The petitioner claims to be a registered trade union of workmen employed in the KSEB. The petitioner states that a referendum was conducted on 20.10.2015 and recognition was granted to three other unions. The period of such recognition expired on 20.04.2019.
2. The petitioner would contend that after the expiry of the period of recognition of the three trade unions, all the registered unions including the petitioner are entitled to participate in the meetings convened by the KSEB for discussions and negotiations relating to the rights of the workmen. However, the petitioner is not invited to any such discussion/negotiation. The petitioner therefore prays that respondents 1 and 2 be directed to invite and allow the WP(C) No.10683/2021 :3 : petitioner union also to participate in all discussions to be held with the trade unions of employees in the 1 st respondent- KSEB.
3. Heard the learned counsel for the petitioner, learned Standing Counsel for respondents 1 and 2 and learned Government Pleader representing the 3 rd respondent.
4. If the period of recognition of the existing recognised trade unions is over, the remedy available to the petitioner union is to approach the authorities under the Kerala Recognition of Trade Unions Act, 2010 seeking to recognise the petitioner union. However, learned Standing Counsel for respondents 1 and 2 would submit that in spite of the efforts taken by respondents 1 and 2, the process of recognition could not be initiated or completed, perhaps due to the pandemic situation prevailing in the State. In such circumstances, this Court is of the opinion that respondents 1 and 2 can consider the request of the petitioner made in Ext.P5 representation, in accordance with law. WP(C) No.10683/2021 :4 : The writ petition is therefore disposed of directing the 2nd respondent to consider Ext.P5 representation submitted by the petitioner, in accordance with law, within a period of one month.
Sd/-
N. NAGARESH, JUDGE aks/04.06.2021 WP(C) No.10683/2021 :5 : APPENDIX PETITIONERS' EXHIBITS EXHIBIT P1 TRUE COPY OF THE COMMUNICATION NO.I.R.2913/2015 DATED 12.11.2015 ISSUED BY THE REGIONAL JOINT LABOUR COMMISSION, ERNAKULAM EVIDENCING THE VOTING POSITION IN REFERENDUM.
EXHIBIT P2 TRUE COPY OF RELEVANT PAGES OF THE KERALA RECOGNITION OF TRADE UNIONS ACT, 2010.
EXHIBIT P3 TRUE COPY OF THE COMMUNICATION DATED 27.05.2019 ISSUED BY THE DEPUTY CHIEF ENGINEER (HRM) I (IN CHARGE) OF K.S.E.B.
EXHIBIT P4 TRUE COPY OF THE COMMUNICATION DATED
07.01.2021 ISSUED BY THE CHIEF
PERSONNEL OFFICER OF K.S.E.B.
EXHIBIT P5 TRUE COPY OF THE REPRESENTATION DATED
20.02.2021 SUBMITTED BY THE PETITIONER UNION TO THE 2ND RESPONDENT.
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