Kerala High Court
Byju V.Y vs The Registrar Of Trade Unions ... on 28 June, 2021
WP(C) No.12793/2021 1/5
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.M.BADAR
MONDAY, THE 28TH DAY OF JUNE 2021 / 7TH ASHADHA, 1943
WP(C) NO. 12793 OF 2021
PETITIONERS:
1. BYJU V.Y, AGED 43 YEARS, SON OF VELUKUTTY, SREENILAYAM,
ANCODE, PERUMKADAVILA P.O, THIRUVANANTHAPURAM-695 124
2. K. MOHANKUMAR, AGED 54 YEARS, SON OF KRISHNA PILLAI,
SREEKARTHIKA, NSP 117, KESAVADASAPURAM, PATTOM P.O,
THIRUVANANTHAPURAM-695 004
RESPONDENTS:
1. THE REGISTRAR OF TRADE UNIONS (LABOUR COMMISSIONER), THOZHIL
BHAVAN, VIKAS BHAVAN P.O, THIRUVANANTHAPURAM-695 033
2. KERALA STATE ELECTRICITY BOARD LIMITED, REPRESENTED BY ITS
SECRETARY (ADMINISTRATION), VYDYUTHI BHAVANAM, PATTOM P.O,
THIRUVANANTHAPURAM 695 004
3. UNITED DEMOCRATIC ELECTRICITY EMPLOYEES FRONT (UDEEF),
REGISTRATION NUMBER 01-01/2003, V.P. MARAKKAR SMARAKA MANDIRAM,
AMBUJAVILASAM ROAD, THIRUVANANTHAPURAM-695 011, REPRESENTED BY
ITS GENERAL SECRETARY.
4. DHANAPALAN K.P, AGED ABOUT 71 YEARS, S/O. PANKAJAKSHAN,
KALATHIL HOUSE, PARAVOOTHARA, CHENNAMANGALM JUNCTION, NORTH
PARAVUR-683 513
5. K.C. RAJAN, AGED ABOUT 56 YEARS , SON OF CHANDRASEKHARAN,
JYOTHIS, KIZHAKKECHORAKKANDI, NAMBRATHKARA, NADUVATHOOR, P.O.
KOYILANDY-673 620
WRIT PETITION (CIVIL) praying inter alia that in the
circumstances stated in the affidavit filed along with the the
High Court be pleased to stay the operation of Exhibit P14 order
and all further proceedings thereunder; pending disposal of this
Writ Petition(Civil).
This petition coming on for admission upon perusing the petition
and the affidavit filed in support of and upon hearing the
WP(C) No.12793/2021 2/5
arguments of M/S. B.ASHOK SHENOY, P.S.GIREESH, RIYAL DEVASSY,
ARJUN R NAIK, Advocates for the petitioners , GOVERNMENT PLEADER
for respondent 1 and of STANDING COUNSEL for respondents 2 to 5,
the court passed the following:
WP(C) No.12793/2021 3/5
Exhibit P13 : True copy of judgement dated 17.6.2020 in WP(C)
No.15758 of 2019 of this Hon'ble Court
Exhibit P14 : True copy of Order no. IR(5)12072/2018 dated
21.1.2021 issued by the 1st respondent with its English
translation.
WP(C) No.12793/2021 4/5
A.M. BADAR, J.
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W.P. (C) No.12793 of 2021
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Dated this the 28th day of June, 2021
ORDER
Heard learned counsel for petitioners. Learned counsel
submits that the impugned order is passed without jurisdiction
by the Registrar. However, it is seen that in pursuant to the
judgment of this Court which is at Ext.P13, the Registrar has
passed an order which is impugned in the instant writ petition.
Hence it would be appropriate to issue notice before admission
to respondents.
2. Notice before admission to respondents 4 and 5.
Learned Government Pleader takes notice for the
1st respondent. Respective Standing Counsel takes notice for
other respondents.
Post the writ petition for further hearing after four weeks.
In the meanwhile, in the light of the fact that while deciding
W.P.(C) No.15758 of 2019 by judgment at Ext.P13 as this
Court had granted protection to the petitioners, till next date,
WP(C) No.12793/2021 5/5
the petitioners shall be granted protection under Section 33(4)
of the Industrial Disputes Act, 1947. In the meanwhile, the
petitioners to place on record translated copies of of annexures
to the petition.
Sd/-
A.M. BADAR
JUDGE
smp
28-06-2021 /True Copy/ Assistant Registrar
