Kerala Power Workers Congress ... vs Kerala State Electricity Board ...
2021 Latest Caselaw 12689 Ker

           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

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

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

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.

ncd